Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My parents live in Oregon, own farm land in South Dakota.(I…

Customer Question
My parents live in Oregon...
My parents live in Oregon, own farm land in South Dakota.(I live in Nebraska). Before they go into a assisted living, would it be better if they divided the land Now to me and my four siblings to avoid losing it to Assisted Living. Or wait until they have passed. I know the Assisted Living could eat up the land if nothing was done until then.
Submitted: 3 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Customer reply replied 3 years ago
I do have three siblings in Oregon and one in Washington. We are trying to do the right thing. Our parents don't want to lose the land.
Answered in 11 minutes by:
6/30/2015
Estate Lawyer: RayAnswers, Attorney replied 3 years ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,881
Experience: Texas lawyer for 30 years in Estate law
Verified
Hi and welcome to JA. I am Ray and will be the expert helping you today.
The best thing for your parents is to sell you each a piece and carry the notes.The notes specifically h ave to stat they are not resellable.
Medicaid has a five year look back period. A gift of land disqualifies you for five years.If they do nothing it is exempted as their homestead but then medicaid estate recovery here files claims against it.
They can keep it as one parcel keeping a life estate with all of you having remainder interest.That avoids problems with medicaid because they retain an interest, the taxes stay low during their lifetime, and then passes directly to you by deed rather than through probate where medicaid recovery files a claim.
If you want to avoid problems here have a local NAELA lawyer either prepare the life estate or closing documents on an owner financed sale.It i s totally critical to have such a lawyer due this as medicaid is an unforgiving minefield.
NAELA--National Academy of Elder Lawyer specialize in such transfers, shelters, and sales. In 30 years or so of elder law never seen a NAELA done transfer have problems.They can also help your parents shelter any other assets they may have to maximize them for your life.
You can locate one here.
https://www.naela.org/Public/About/For_More_Information/Find_an_Elder_Lawyer/Public/About_NAELA/Public_or_Consumer/Find_an_Elder_Lawyer/Find_an_Elder_Lawyer.aspx
Either of these are likely options they sell it to you in divided acreage, carry the note, and will you your note when they decease.Or the other option is a life estate with remainder to you and your siblings.
I appreciate the chance to help you today.Please let me know if you have m ore follow up.Thanks again.
Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 3 years ago
Oregon medicaid reference --I covered this above..
http://www.nolo.com/legal-encyclopedia/how-can-i-safely-transfer-my-assets-get-medicaid-pay-long-term-care.html
Thanks again.Let me know if you have more follow up, it is never a problem.Good luck with all.
Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,881
48,881 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

48,881 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
What if you die without a will? Who inherits your share?
In Maine, if a will is left dividing the family property to four children and one of them dies, does the share of that person(who does not have a will themselves)go to her children ,her husband, or he… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
Myself and my siblings are heirs to my mother's land in SC.
Myself and my siblings are heirs to my mother's land in SC. She has been deceased for 43 years. Did not have a will. Since her death, two heirs have passed. My question is: Are the children of the dec… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,881 satisfied customers
Ray and or .....the file attached is my husband declining an
Ray and or Joyce.....the file attached is my husband declining an offer made by sibling/executor/trustee. The offer is completely unfair. He wants 100% of the 100 acre farm land worth $10,000/acre. So… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,881 satisfied customers
We are going thru process of dividing estate, assets of a
Hello, We are going thru process of dividing estate, assets of a will. There are three children involved. One son was named executor and trustee of the will per the mother of the three children. The f… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,881 satisfied customers
My mom shared ownership of over 40 acre land in Enterprise,
My mom shared ownership of over 40 acre land in Enterprise, AL with her four siblings, Original Deeds were lost but property taxes paid yearly and current. only my mom and two other siblings had child… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,881 satisfied customers
My father inherited land from his step father it is undivided
My father inherited land from his step father it is undivided (and never will be due to his half siblings are upset that it was left to him) they did allow him to put a mobile home on the land where h… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am a sibling of 10 children who have received farmland in
I am a sibling of 10 children who have received farmland in equal undivided interests (10%) each. 8 want to hold the land, 2 want to sell. Current market prices of land are not cash flowable in the cu… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Ownership of a quarter of farm land located in Walsh County
Ownership of a quarter of farm land located in Walsh County North Dakota was transfered to 8 family siblings via recorded quit claim deed with a life estate provision to parents of the 8 family siblin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father just re-acquired mineral rights to a parcel of land
My father just re-acquired mineral rights to a parcel of land in South Dakota. There are no producing oil wells at this time. I do not know if there are any oil company leases to the land for the righ… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
SD Attorney, please. I live and have farmland in Iowa,
I live and have farmland in Iowa, which I'm thinking about placing in a trust and selling. Can I use a South Dakota Dynasty trust to avoid capital gains/estate/gift/inheritances tax and establish a pe… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
Im contacting you in regards XXXXX XXXXX potential case of Family
I'm contacting you in regards XXXXX XXXXX potential case of Family Oil Interest/Inheritance and would like to seek your evaluation. High Level: I have two uncles in the Wood County TX area that have o… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
If a will states that a person can purchase a farm for say
If a will states that a person can purchase a farm for say $700 (the will written in 1993) and the land is worth $7,000 and the land is owned by one sibling and one of the other siblings has the optio… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
OREGON ATTORNEY ONLY I am about to inherit $400,000 from
OREGON ATTORNEY ONLY: I am about to inherit $400,000 from each of my parents' estates, totalling $800,000. Each estate is valued at approximately $1.2 million for a total of 2.4 million. Each parent l… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My husbands father passed away leaving his oldest daughter
My husbands father passed away leaving his oldest daughter as Executrix of his estate. She was to divide the land equally between the 12 siblings at their Mother's death but this was not done. We hire… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My parents deeded the family farm to the three children in
My parents deeded the family farm to the three children in 1995, but they had a life estate and were physically and financially in control of the property. When our last parent died we the children to… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
parents have a 170 acre farm......what would be the best way
parents have a 170 acre farm......what would be the best way to divide the property between three children.....and their beneficiaries....… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Estate Law in Oregon Can a will be changed by the executor
Estate Law in Oregon: Can a will be changed by the executor or an attorney? In the will it states that there were three houses one for each of the siblings, 1 sibling was given a house about 6 years a… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Hello My Name isXXXXX married,59, residing in Mesa
Hello My Name isXXXXX married,59, residing in Mesa AZ forthe past 28 yrs. My mother, Betty Wrich, 83, in fairly decent health, widowed, lives in NE and owns a 160 acre farm in Washington Co., Nebraska… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x