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WF owner 
Orange Level
Joined: 12 May 2013
Location: Bombay NY
Points: 4415
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 Posted: 22 Apr 2022 at 7:21am |
 jaybmiller wrote:
you don't need a 'farm law' lawyer... ANY lawyer can Do the two things you NEED NOW. |
I disagree ! There are criminal attorneys, attorneys that specialize in "family law" (divorces, child custody, support, etc.), attorneys that specialize in litigating damages for personal injury, attorneys that specialize in land transfers and a bunch of other specializations.
In my part-time retirement job, I deal with attorneys weekly. They will tell you that you need an attorney with expertise in the field of your problem.
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Dave H
Orange Level
Joined: 11 Sep 2009
Location: Central IL
Points: 3483
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Posted: 22 Apr 2022 at 10:30am |
Obviously my dog is not in this fight. However, it seems that something is missing here. Are not all properties deeded/titled?
I do not get the concentration on wills?
Maybe it did not get re titled/deeded based on execution of a previous will?
Something must be going over my head?
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mdm1
Orange Level
Joined: 12 Sep 2009
Location: Onalaska, WI
Points: 2598
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Posted: 22 Apr 2022 at 10:34am |
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Dale do you own the house where you live? Why would they want an easement through your yard? Or is the house not going to be part of the sale? From what has been said was the property legally transferred from your father? What do the real estate taxes say? This sounds like quite the mess to figure out. Have you thought about maybe take the money and go buy your own place with no family ties? I assume that would be a large burden to move everything. But you wake up in the morning and it's all yours. But really find a lawyer so you have the answers that you deserve. Good luck!
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Everything is impossible until someone does it! WD45-trip loader 1947 c w/woods belly mower, 1939 B, #3 sickle mower 1944 B, 2 1948 G's. Misc other equipment that my wife calls JUNK!
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thendrix
Orange Level
Joined: 04 Feb 2013
Location: Fairmount GA
Points: 4738
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Posted: 22 Apr 2022 at 10:50am |
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Buddy I sure hate this for you. I believe I would find a real estate lawyer first and get the things mentioned earlier taken care of.
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"Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan
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shameless dude
Orange Level
Joined: 10 Apr 2017
Location: east NE
Points: 13611
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Posted: 22 Apr 2022 at 9:29pm |
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well....we are sposed to sign a contract this Sunday afternoon for the realtor to start with creating the sale. i'm sposed to o-k a new drawing of the lines he is gonna draw up this weekend. i haven't seen any revised stuff yet. i guess i gotta start cleaning out a machine shed so someone can take it down, then cut down trees, i'm not gonna remove any stumps, someone else can do that, do hafta move 2-3 dead combines. i stopped over at the scrap yard, asked what he'd gimme for a working combine? he'll gimme $1500. if i can deliver it, otherwise i'd hafta drive it about 29 miles to get about $350. at an auction! PffffT! it's a good combine, just won't need it anymore now! they won't let me have highway frontage, apparently they have been told by the big green farmer that they want that! i'm not thru with this yet...but getting close, also been looking for other property near me to set up residence. had a close call with the old lady this week, having difficulty breathing, Doc almost stuck her in the hospital today...but didn't, gave her sum meds, she's resting good now! the newest puppy is keeping tabs on her! anyway...which ever way we go, that easement road is gonna cut thru the middle of my new property anywhere. the nway it looks now, if we have company, they'll hafta park in the highway ditch so as to not block a green something with tires.
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JC-WI
Orange Level Access
Joined: 11 Sep 2009
Location: wisconsin
Points: 33658
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Posted: 22 Apr 2022 at 9:55pm |
Nope, I ain't signing that contract.
These 'urgent' contracts usually are made for a reason. Ask them so called stockholders what debts are they trying to cover on their end...? Why are they in charge when you were the one that ran the farms with your dad? ... and after that. Don't like the crap they are pulling, get up and walk away and as leaving, tell them they will be hearing from your lawyer. Good luck Dale.
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He who says there is no evil has already deceived himself
The truth is the truth, sugar coated or not. Trawler II says, "Remember that."
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steve(ill)
Orange Level Access
Joined: 11 Sep 2009
Location: illinois
Points: 77939
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Posted: 22 Apr 2022 at 10:05pm |
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dont rush into anything Dale... not sure why YOU have to cut the trees to make THEIR road ? and why does the GREEN GUY get to decide "what" is for sale and if you get any frontage road ?
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Like them all, but love the "B"s.
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DanWi
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Joined: 18 Sep 2009
Location: wttn
Points: 1707
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Posted: 22 Apr 2022 at 10:27pm |
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Tell them you won't sign anything until you get a lawyer to review it.
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Dirt Farmer
Silver Level Access
Joined: 15 Sep 2020
Location: Illinois
Points: 286
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Posted: 22 Apr 2022 at 10:55pm |
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Hang in there Shameless, make a quiet appearance on Sunday but don't sign anything, you could say you are focused on your wife's issue and "may not be in the right frame of mind" if ya know what I mean and also who signs a realestate contract on a Sunday. Heck I dont start a farm season or a different field on a Sunday anymore as my worst breakdowns happen on the following Monday. You two take care of each other and get some sleep. Still praying for ya.
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Thad in AR.
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Joined: 12 Sep 2009
Location: Arkansas
Points: 9282
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Posted: 23 Apr 2022 at 9:28am |
shameless dude wrote:
well....we are sposed to sign a contract this Sunday afternoon for the realtor to start with creating the sale. i'm sposed to o-k a new drawing of the lines he is gonna draw up this weekend. i haven't seen any revised stuff yet. i guess i gotta start cleaning out a machine shed so someone can take it down, then cut down trees, i'm not gonna remove any stumps, someone else can do that, do hafta move 2-3 dead combines. i stopped over at the scrap yard, asked what he'd gimme for a working combine? he'll gimme $1500. if i can deliver it, otherwise i'd hafta drive it about 29 miles to get about $350. at an auction! PffffT! it's a good combine, just won't need it anymore now! they won't let me have highway frontage, apparently they have been told by the big green farmer that they want that! i'm not thru with this yet...but getting close, also been looking for other property near me to set up residence. had a close call with the old lady this week, having difficulty breathing, Doc almost stuck her in the hospital today...but didn't, gave her sum meds, she's resting good now! the newest puppy is keeping tabs on her! anyway...which ever way we go, that easement road is gonna cut thru the middle of my new property anywhere. the nway it looks now, if we have company, they'll hafta park in the highway ditch so as to not block a green something with tires. |
Ain’t adding up??? Is the realtor also a lawyer and also a surveyor? Slow down. You’ve been dealing with these folks a long time. DO NOT accept any deal that you won’t be happy a week, month, year or many years from now. I never dreamed I’d ever say this but you need to Lawyer up.
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jaybmiller
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Joined: 12 Sep 2009
Location: Greensville,Ont
Points: 21536
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Posted: 23 Apr 2022 at 9:46am |
Please, pretty pleAse with sugar on top... DO NOT SIGN ANYTHING, DO NOT SELL/MOVE ANY OF YOUR STUFF, DO NOT DO ANY WORK ON THE PROPERTY !!!!!
GET A LAWYER PDQ !!! Squirmy, slimey one all the better...
I (we) cannot stress this enough....
If they give you ANY papers to sign, haul off to YOUR LAWYER, PDQ.
when 'they' ask about 'did you sign them yet', just respond, 'my lawyers got them'....
YOU have a wife to take care of, TOP responsibilty...
We're all on YOUR side, take 3 deeep breaths, say 4 ah-ums, and try to relax.
DO NOT SIGN YOUR LIFE AWAY !!!! BTDT, it ain't nice after that.
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
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Coke-in-MN
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Joined: 12 Sep 2009
Location: Afton MN
Points: 41217
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Posted: 23 Apr 2022 at 11:45am |
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One thing on any easement that accesses a city , county , state , township road is - those agencies NEED TO APPROVE that access from property to the roadway .
Just because a realtor draws up something - UNLESS it has approval by local permitting agency - it's just a scribble on a piece of paper .
Dealt with several individuals who wanted to build on property but local government agency would not allow access where they wanted a drive or easement. Required a survey and then a hearing before a planning board to approve .
Sounds like they have other plans for the land - like a sub division for other than farming -
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Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something.
"Challenges are what make life interesting; overcoming them is what makes life meaningful."
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Dorix
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Joined: 21 Apr 2020
Location: fox valley
Points: 941
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Posted: 23 Apr 2022 at 3:28pm |
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I think everyone's advice not to sign or commit to anything is good advice, I think you need to expand your search for a lawyer, you shouldn't have to start building their road.
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shameless dude
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Joined: 10 Apr 2017
Location: east NE
Points: 13611
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Posted: 30 Apr 2022 at 11:44pm |
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thanks to all for the advice, and thoughts and prayers! i've read ya'lls comments and learned a few things i didn't know before. i didn't sign anything last Sunday, i've got an accountant checking on the taxes, met with the county assessor and some other folks that will be involved, no lawyer yet, but closing in on a couple that are yet to get back to me. we were all standing and talking when i dropped the bomb...had to move my feet before their chins crashed into them. i told them i was gonna retain my 1/3 of the farm and they could do what ever they wanted with theirs. that deer stare in the headlight looks stayed there for quite awhile. hope i can afford to keep it. the rest of the farm will be on the auction block in Sept. now i don't hafta move anything nor tear out a machine shed or cut any trees down. so far....so good...and the old lady....ooooops....i mean the loving wife is getting along alot better Thanks!
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KJCHRIS
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Joined: 21 Dec 2015
Location: WC Iowa
Points: 823
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Posted: 01 May 2022 at 12:28am |
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Shameless, you and the wife hang in there and look after each other. Sounds like you're moving forward on getting the estate figured out and working towards dividing it.
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AC 200, CAH, AC185D bareback, AC 180D bareback, D17 III, WF. D17 Blackbar grill, NF. D15 SFW. Case 1175 CAH, Bobcat 543B,
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jaybmiller
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Joined: 12 Sep 2009
Location: Greensville,Ont
Points: 21536
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Posted: 01 May 2022 at 6:25am |
re: the rest of the farm will be on the auction block in Sept.
That 'suggests' that someone, somewhere HAS proper LEGAL ownership (ie TITLE or DEED ) to the property, UNLESS maybe they're using their 'power of attorney' to sell it ?? Only way they could auction it is WITH ownership/deed. I'd have your LAWYER contact auction house to get copies of the contract THEY signed with auction house.
Considering the legal problems IF the auction house sold a property without proper legal paperwork, I'm betting the 'house' lawyers KNOW how to cross their Ts and dot their Is !
ANY lawyer, even a wet eared kid, can file a 'contest the will' type paperwork in a court. I would think that if NO will can be found , the court would split the assets of the estate into equal shares to the immediate family ?
You've and your LAWYER have several 'actions' you can take and remember this is business so try to not get emotional (yeah hard to do..BTDT).
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
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steve(ill)
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Joined: 11 Sep 2009
Location: illinois
Points: 77939
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Posted: 01 May 2022 at 8:57am |
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Like them all, but love the "B"s.
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Dennis J OPKs
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Joined: 12 Sep 2009
Location: Overland Park,
Points: 386
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Posted: 01 May 2022 at 11:03am |
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I think this is a universal definition and I've been told that "Power of Attorney" is only valid as long as the person is living and ceases upon death. They may be using something else- executor of estate, etc. ?
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Ray54
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Joined: 22 Nov 2009
Location: Paso Robles, Ca
Points: 4370
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Posted: 01 May 2022 at 6:27pm |
Dennis J OPKs wrote:
I think this is a universal definition and I've been told that "Power of Attorney" is only valid as long as the person is living and ceases upon death. They may be using something else- executor of estate, etc. ? |
I just read something saying the same thing about "Power of Attorney" it end when the person dies. Then the will and/or the executor of the estate have power to doing things with the assets.
Hang in there.
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DMiller
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Joined: 14 Sep 2009
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Posted: 01 May 2022 at 7:06pm |
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Executor can execute the orders of a will or court orders on equitable dispersal.
Nothing the executor does is free hand except pay bill on the estate until will is satisfied.
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JC-WI
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Location: wisconsin
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Posted: 01 May 2022 at 7:22pm |
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He who says there is no evil has already deceived himself
The truth is the truth, sugar coated or not. Trawler II says, "Remember that."
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WF owner
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Joined: 12 May 2013
Location: Bombay NY
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Posted: 02 May 2022 at 6:09am |
In my opinion,the fact that you live on the section that you want to keep, and have been living there for several years, will work in your favor in a judge's decision, especially when the other "stakeholders" don't live on any of the land they want to sell.
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tadams(OH)
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Posted: 02 May 2022 at 2:30pm |
Sounds like a great plan Shameless
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ac hunter
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Posted: 02 May 2022 at 3:34pm |
Shameless and Mrs. Shameless, Sorry you are having such a difficult time. Retirement shouldn't contain such troubles, or any other time for that matter. You have our prayers. An attorney once told me not to get in a hurry nor do anything until you know all your options. Don't let others push you into a hasty decision. Hope you get through all this with minimal stress.
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WF owner
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Posted: 20 May 2022 at 6:24am |
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I saw, in another post, that you were interested in selling a building (that houses "the machine"). Any updates on your deal with the stockholders?
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shameless dude
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Posted: 20 May 2022 at 3:46pm |
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I have yet to sign anything. as it stands right now, still waiting for a couple agencies to get back to me reference a 1031. i'll be retaining 73 acres including the house we live in. this is not a 1/3rd of the farm, but it's a piece we are interested in. with the sale of the rest, i'll still get my share off that, and then pay back 2/3rds for the land and house, i have numerous buildings on the property, but they are all my buildings, they thought they would sell with the land, but when i came up with the tax documents, it shot them outta the water! when i get the info needed for the 1031, then we can proceed. so far I haven't needed to SLAP anyone! and yes...the big green farmers wanted this piece to develope into a housing development. you see...they have property between us and town, and if they made this into a developement, it would make their land worth lots more. SUPRIZE!
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thendrix
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Location: Fairmount GA
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Posted: 20 May 2022 at 4:15pm |
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Grit your teeth and smile buddy. You know nothing good comes from losing your temper
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"Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan
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Walker
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Posted: 20 May 2022 at 6:43pm |
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I'd make ya put in an overhead Stucky's across the easement like they used to have on the New York Thruway.
Edited by Walker - 20 May 2022 at 6:45pm
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jaybmiller
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Posted: 20 May 2022 at 6:44pm |
Orange triumphs over Green, tada !!!!! That has to put a smile on everyone's faces !!!! Hang in there, looks like you're in the 'driver's seat'.....
before you sign ANYTHING, read it slow and careful, watch out for 'fancy words', addendums, etc.... they can be 'smoke and mirrors' used to skrue you !!! Never sign anything in their office ! Take it home, read it 3-4 times, as many times as it takes to get the 'gist' of what they 'say'. Be real careful about the 'numbers', lawyers love to run them in their favour, NEVER yours.
If they get uppity about 'sign here, now'..RUN out of the office.
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
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Coke-in-MN
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Posted: 20 May 2022 at 8:27pm |
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Easements and Cart ways are sometimes on section lines and are 16 ' , township roadways are normally 33 ' . roadway is 66 ' .
Sounds like the idea was for the 50 ' first wanted was for access for subdivision of property . Also in most places property can not be sold that is land locked - in fact here only way non frontage property can be sold is if a dedicated roadway is granted to town or city of the 66 ft .
Like i said before a township , city , county needs to PERMIT access to the road frontage (whoever owns road) . Reason they wanted your property is they did not need to file for access through zoning as you already have existing access . That in itself is a MAJOR cost they would avoid by taking yours.
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Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something.
"Challenges are what make life interesting; overcoming them is what makes life meaningful."
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