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Answered in 2 minutes by:
8/7/2011
VerifiedDebra Thal (username) :
Does the Will say he must farm the land himself?
Debra Thal (username) :
You say that in your question but does the Will say that?
Customer:
yes it says that he has to
Customer:
in the wil
Debra Thal (username) :
Then he is not farming the land himself.
Debra Thal (username) :
How can he be?
Debra Thal (username) :
He's leased it out.
Debra Thal (username) :
And is he using the equipment himself?
Debra Thal (username) :
That would be the test I would think.
Customer:
he is not farming the land himself he has leased it out to someone who is using their own equipment and the equipment in the will is just sitting there only being used to do around the bush line. The party involved is trying to say that by taking care of the bush line and fence area that he is farming. The will is 5 years old and in that time he has never farmed that land himself
Customer:
here is the wording from the will
Debra Thal (username) :
I don't think I Court would side with him at all.
Customer:
If my son Daniel is willing to farm the quarter section of land in Ste.Amelie, he may keep all the farm equipment and accessories needed to continue to farming the land. The problem is he is not farming it
Customer:
is there anything legal with the definition of what is farming the land, he still refuses to have an estate sale as well
Debra Thal (username) :
Then that's not quite the same thing as saying he needs to farm the land himself.
Debra Thal (username) :
The wording is not clear.\
Debra Thal (username) :
I would say the intention is that he keep the equipment if he needs it to farm the land.
Debra Thal (username) :
And he doesn't as it's been sitting there unused.
Debra Thal (username) :
Is he the executor?
Customer:
yes he is
Debra Thal (username) :
Then he is really breaching his duty to all of you.
Debra Thal (username) :
I hate to say this but I think you have to consult with an estate lawyer at this point.
Debra Thal (username) :
If the estate has one that is not whom to speak with.
Debra Thal (username) :
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Customer:
Thanks so much for everything. Is there anyway that I could find something a legal paper to show me all of these rules and things so I don't need to contact a lawyer and I can just show the party involved..??
Debra Thal (username) :
No.
Debra Thal (username) :
There is no such thing.
Debra Thal (username) :
You get a free consultation and then report what you were told.
Customer:
thanks
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