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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My parents lived on my grand parents farm until they died in

Customer Question

My parents lived on my grand parents farm until they died in 2009 & 2011. My father deeded over the 60 acre farm to my brother in 2008 in an attempt to stop his 2 sisters & 6 brothers & there family's from claiming ownership. Tax records were still in my grandparents name & taxes were being paid by a cousin that was cutting the hay on the property. I just heard that my brother has sold the farm. He's had a lawyer contact all the family's & they've all signed but they haven't received payment. I have 4 brothers. My parents didn't leave a will. We haven't been contacted. Is my brother entitled to all the proceeds of the sale? What are my rights & the rights of my brothers?
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I need to ask a lot of questions to get an idea of everyone's legal position here...

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1. Did your parents have the farm in their name while living there or was it still in grandparent's names?

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2. Did anyone ever file a probate case to settle grandparent's estate?

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3. How long did your parents live on the farm?

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4. Was it with permission from grandparents or without it?

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thanks

Barrister

Customer: replied 10 months ago.
My parents put the farm in there name but his brothers & sisters could have gotten deeds to. Without buying them out he couldn't get a clear deed. As far as I know no probate was ever filed. My parents lived on the farm about 23 years. My grand parents died in 1968 & 1984. My parents moved in in 1985 without my grandmothers permission. Tax tickets were still in John & Roxie Roles names.
Expert:  Barrister replied 10 months ago.

Ok, good. If your parents moved onto the farm without permission, then they could legally claim sole ownership of the farm if they met the statutory requirements for your state for "adverse possession". This means that they could basically claim ownership by trespassing for long enough. But in order to get clear title, they would have had to file a "quiet title" lawsuit against grandparent's estate to claim ownership.

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So when they transferred the farm to your brother, if they didn't have clear title, then they legally couldn't transfer it because they didn't own it.

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That presents a problem because legally if the taxes were still in grandparent's names, then it is them who are listed as the legal owners. That means that in order for brother to get clear title, he has to get all the aunts and uncles, or their children if they are deceased, as well as all your parent's children, including you, to sign off on quitclaim deeds transferring their interests that they would have received from grandparent's estates over to brother.

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It gets very complicated when estates aren't settled and people just start living on property that they don't own...

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But brother can't get clear title until he gets everyone who has an interest in the property to deed over their interests to him. So you can hold out and refuse to deed over your interest if he doesn't make you an offer that you feel is reasonable.

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thanks

Barrister

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