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I entered into a lease agreement with my cousin that in the…

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I entered into a...

I entered into a lease agreement with my cousin that in the event my step mother passed away, the moment of her passing my life estate would start, that because I was living a long distance away I would want my cousin to immediately take possession of the land on a third and 2thirds division of the future wheat crops of about 600 acres. My cousins wife does not sign the lease as she thought her husbands side of the family argue two much. 2. we later cancel the the lease by mutual agreement and return receipt letter stating that I wish to cancel the lease as I will be returning home and can manage the estate myself and if there is no reason by my cousin to object in 60 days of the letter the lease will be cancelled. 3. The person farming the land for my step mother indicates thjat he would like to continue leasing from me in the event my step mother passes so he will not be a tenant in suffering. To reassure him I sent another letter to my cousin reaffirming the first cancellation letter which is not contested either. 4. On the advice of my new leases attorney that my old lease is cancelled I enter into a new lease agreement . About 2 years before my stepmother dies my cousin passes away, nothing is mentioned about his wife inheriting the cancelled lease and if the lease had not been cancelled my cousin wasn't alive at the time of my step mother's passing for the start up date because of my cousin's death two years earlier. My new lessee started working the new lease and about six month's later my cousin's wife comes forward while in the process of loosing her four and a half million dollar wheat farm because of her poor farming choices and says she is going to consummate her deceased husband's lease because it was included in their trust . She still has approx. 15 million in real estate left and I cannot understand her logic, and who was my favorite cousin. It just didn't make any sense. Then she told me I could give her 20,000 dollars and she would forget the whole thing. I denied her offer. 5. She then sues me for her right to lease and my tenant for trespassing on her lease. She had been with her attorneys for at least 20 years or so. I had just returned home received my life interest in this farm and the stress from it put me in the hospital and because it was the holidays I could not find an attorney in time to answer. 6. The judge gives her a default judgement against my late acquired attorney and my tenants attorney that I had a good reason for being late and the judge should tri the case based on its own merit. The judge denied the motion and held the default judgement to stand. 7. My cousin's widow fails to call me or show up with an agent or bring a piece of equipment to put in the crop as my tenant. Because she was late of her start up date by six months swe had no idea she was even interested in farming my place. And now because we plant winter wheat she didn't show up to put the crop in either. 8. I fired her in writing with no response from her for being negligent and told her that I would have to put the crop in myself so there would be income to pay the taxes and other normal bills. 9. After harvest I was summoned into court and was found in contempt of court and fined $10,000 and $500 a day until I acknowledged the lease. I told the judge that wasn't the problem. That the problem was my cousin's widow failed to perform on her gifted lease by default judgement. 9. The judge recuses himself. 10 My attorney that I acquired after my default judgement didn't want to pursue my case because he was going to be a judge and quits. So I find another attorney after the 30 days of right of appeal and says he cant do much either. He refused to bring up fraud on thje court and the new judge does nothing to overturn thje previous judge's decision and now I want to go to trial. Now its going to be hard for me to convenes a jury that two judges are basically saying that the lease was good a

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Yes, Oregon

Lawyer's Assistant: Has anything been filed or reported?

No, because my cousin's Law firm is also on the Oregon Bar Assc. and it would like reporting an incident to the fox guarding the hen house.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, How do I sue for these damages and how do I report my Cousin's attorney.?

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 7 hours by:
1/13/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 121,737
Experience: Attorney with over 24 years experience.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Based on what you are saying you lost the case by default and your attorney refused to file an appeal in time, so your case is over. It is not likely you will get the case reopened at this point unless some brand new evidence of fraud comes up, not the old evidence. Thus, since your attorney dropped the ball and failed to file a timely appeal, your only remaining recourse here would be to sue the attorney who improperly represented you and failed to file a timely appeal in your case and seek damages against him for what you have lost. Once your case was closed and the judge refused to overturn the default and you missed your time to appeal, there is little more you can do with reopening this case I am sorry to say, so you have to pursue the attorney who improperly represented you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
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