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Daniel Solutions
Daniel Solutions, Attorney
Category: Estate Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 20 years and College Professor for over 10 years
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My Father and i have been involved in agriculture for since

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My Father and i have been involved in agriculture for since the mid 70, he owns the land and i hve been doing the work raising cattle and hay, he has stepped dwn and i have been running things untill his wife my mother passed away, My eleder sibling which moved away 40 years ago,and has never been active or supportive in the ag bussiness. now has taken over my fathers affairs and making descions, She seems to be positioning her self into a take over role. thier has been talk with my father about signing his houseover to her and the ag property to me, as my mother wished.But i have learned that this probally won't happen. what can i do to protect my interests?,My father is very elderly and seems to unserstand but, i think he does not want to split things up. But when i talk with him he thinks thata good idea, but will not take action on it.

Hello,
Thank you for allowing us to assist you with this problem.

I am sorry to hear about this problem and the difficulty you are having with your elder sibling.

Since your father is the legal titled owner to the property since your mother has passed, then your father is the only person who can make necessary changes to make sure the land is divided the way you mentioned. If you believe your father is mental incompetent, then you would have to file a petition in court seeking to be appointed a guardian/conservator over his assets including the farm and house. If you believe your father is competent then the only thing you can do to explain to him that there needs to be either a Will written to specifically state what happens to the house and farm land when he passes or a transfer of the property now to you with something called a Life Estate to him so that he can still live on the property while alive but it would pass to you upon his death.

Please let me know if you have any other questions or if I stated something that was not clear to you.

Thanks,

Dan

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