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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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My parents put their farm in mine & 3 of my siblings names

Customer Question

My parents put their farm in mine & 3 of my siblings names about 10 years ago. They (my parents) have the right for any of the income off of it until they die. The parents pay all expenses such as taxes, upkeep, etc. My mother passed away a couple of weeks ago. Another sibling has came back & my parents originally didn't leave him anything thinking he was dead or something. Two of the siblings with their name on the land have more or less disowned my father. My father wants to have his land back to do with as he wants. Is there any legal way to return it solely to him to do as he wants with it. The original reasoning to put in the children's names was so the nursing home wouldn't be able to get it if they ended up in the home & would eventually need government assistance. Is there any legal way to make all of the siblings relinquish their rights back to my father? The two siblings that have disowned him, seem to be trying to get rid of him to get the land. I am for doing whatever my father wants. We are located in North Dakota, USA. The farm has been in the family since 1906.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 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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Is there any legal way to return it solely to him to do as he wants with it.

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Unfortunately, the answer is no. When they transferred the property out of their names via a deed to the children, that is a permanent transfer and they give up all ownership rights other than what they retained in the deed. So the children own the property now subject to father's right to keep income from it.

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The only way it could go back to him would be if all the siblings agreed to voluntarily deed it back to him because they can't be forced to give up their ownership interest to him.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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