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My mother is 81 and story short, shes been making some

Customer Question
My mother is 81...

My mother is 81 and long story short, shes been making some wrong, money choices, and she let her home owners ins( farm insurance} lasp, and she just thinks its funny. and on top of that shes a horder, i mean bad bad. and also in sept 2017 she thought it would be a great money maker, to let a rock quarry , come onto the 500 aceras of farm land, and dig for rock. and basically shes only recieved 8,000 dollars. and when i try to explain to her that, the owner is making money off her hand over fist, she just says, some very unpleasent things, to me and finally she admitted, she is only doing this to make sure that theres no farm land, left for me.. any advice

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

I live in eskridge ks

Lawyer's Assistant: What steps have been taken so far?

Ive tried to talk to her reason with her, i just am at a loss

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
4/1/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,035
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Are you listed as an owner on the deed to the farm with her?

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Do you have any vested interest in the farm? (like it is in a trust with you being the beneficiary after mother passes)

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Do you think a judge would say she is mentally incompetent to manage her own affairs?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
i was one fourth owner well me and my deceased husband, was up until 1999 or so at the time, my husband was in the army and we was going to moving, and he and i deciced, since my dad was doing all the up keep, wed sign our fourth over, to them until we moved back home, and was here full time to be able to fincially and physically help.. since then my father and husband has passed and my mother, still has my share.. on the deed, or paperwork its got my mothers name, who owns her fourth, my fourth, and my middle brothers fourth, who passed away in 2008 from an accident, and had no will and no kids. as far as other items, once she passes i get her shares. and also on paperwork my oldest brother has one fourth intrestet in the farm, but he doesnt do anything to help. we dont speak and when i did try and get his help to stop the rock quarry, he said oh well.. i run 30 head of cattle on the 500 acerars, and i do all the up keep and so on. as far as menally incomptent im not sure, shes a very very very bad horder, and its unsafe and her farm insurance for the house, just got cancceld and she is like oh well. i am not sure what a judge would ask or what id do to find out. also ive called protective services and they have done nothing
Lawyer: Barrister, Attorney replied 4 months ago

Ok, the problem here is that if she is the only legal owner now, then she can do whatever she wants with the property because she owns it. When she dies, her will or state law will determinate what happens to the assets in her estate..

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But if she is still able to manage her own affairs, just a hoarder, that wouldn't give you grounds to file for a legal guardianship if she was not mentally incompetent..

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So I hate to say it, but based on your comments, I don't see anything that you could do legally to stop her from doing whatever she wanted to do with the farm as she wouldn't have any legal duty to leave it to any of her family if she chose not to..

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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...

.

.

Barrister

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Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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