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wjohn
Orange Level Joined: 19 Jan 2010 Location: KS Points: 1794 |
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Second this! My other thought was that if the land was legally transferred from your dad's name to another entity (trust, person, whatever) then something should be on file related to that at the county courthouse. I have seen wills listed out in the title abstract research books you get when you buy a property. If it changes owners, there has to be documentation of it with the county. I got a few abstracts with a pasture that I bought that are for some other unrelated properties, and one of them was like reading a soap opera - the old guy's will was in there in its entirety, and it turns out he had some daughter that none of the rest of the family knew about and there were all kinds of legal battles that took awhile to settle. It was all documented in the abstracts. Not sure if NE does that level of detail or not but it might be worth paying a title company a few hundred bucks to compile an abstract of the farm property.
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1939 B, 1940 B, 1941 WC, 1951 WD, 1952 CA, 1956 WD-45
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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i guess i don't know what probate is? never heard of it before...all i get on the web is more places to click on, nothing stops and explains it. can ya'll?
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JC-WI
Orange Level Access Joined: 11 Sep 2009 Location: wisconsin Points: 33623 |
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Probate definition: http://legal-dictionary.thefreedictionary.com/probate Here is a duckduckgo.com search link Just a couple links from above search... |
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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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Lars(wi)
Orange Level Access Joined: 14 Sep 2009 Location: Permian Basin Points: 6623 |
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Dale, in Layman’s terms, probate is the legal process of settling someone’s estate.
‘Probate Court’ in most states is at the county government level. A Will ( if there is one), is submitted to the court, by the lawyer that drafted the will. The court is there to insure that the executor properly ‘disposes’ of the estate. That means that the person named in the will as executor( the person that was chosen by the individual that died), carried out the instructions in the will. Everybody named in a will MUST receive a copy of the will. That is a responsibility of the executor. I would NEVER EVER TAKE SOMEBODY’S WORD of what was in a will if I was named in it. |
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I tried to follow the science, but it was not there. I then followed the money, and that’s where I found the science.
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KJCHRIS
Orange Level Joined: 21 Dec 2015 Location: WC Iowa Points: 812 |
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Shameless, sorry to hear this.
You should be able to go to the county assessors office and see whose name is listed as owner of property where you live. Maybe on all parcels. IF you or at least more than 1 person is listed as part owner, you can try to get the others to go along with an auction. At least then you've a chance no sweetheart sale made. Hhmmmm, I got long winded again.!!!! I'm sure mine will be up for auction when I'm gone. The 3 Niece's will not have $$$ to pay taxes n keep it. Plus all live in Va. 2 - 80,s sold on a online auction 2 years ago near me. Brought far more than local people expected. Last fall family across road to south of me auctioned off 190+ tillable acres in 2 parcels, to settle their mom's estate. Farming son kept 60+ acres. Both parcels sold near $9800/ acre. None of the local bigshots were in the bidding after $5,000. 2 new owners were in school when I was, 1 lives in Des Moines, 1 in Omaha. Both have brothers n nephews farming within 20 miles that will be new neighbors.
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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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DougG
Orange Level Joined: 20 Sep 2009 Location: Mo Points: 7943 |
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I do luv when it's a mixed ppl deal, gal pals going thru that - in my book - not true blood no say
Edited by DougG - 01 Mar 2021 at 4:26am |
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JohnColo
Orange Level Joined: 03 Apr 2020 Location: Niwot, CO Points: 1258 |
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In reading Wjohns comment, it looks like the guy had another daughter, perhaps before he married the mother of his other kids. If she has his DNA, seems like she should get a share, unless she is not listed in the will. Then it's up to the court and the sharpest lawyer to work it out.
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wjohn
Orange Level Joined: 19 Jan 2010 Location: KS Points: 1794 |
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Sorry, didn't go into enough details... He left her a proper share of his assets, but the rest of the family wasn't having it, and tried to deny her anything. Their lawsuit didn't hold up but it took a good while in court, based on the dates and rulings of everything I have in the abstracts. I suspect you are right and she was from before he married his wife that he later had several other kids with - or perhaps she was the result of an affair... I never dug around enough to try to find her age, or marriage dates, or anything like that. And this was well before DNA testing anyhow! My main point, Shameless, is that if the land is no longer in your dad's name, it had to have been legally transferred to somebody/something else, which would be documented at the courthouse. If death was the reason for the transfer then from what I have seen in my title abstracts (at least in KS and IL) the will or the relevant portion of it affecting land assets is referenced or fully listed out with the deed transfer documentation at the courthouse. It could be as brief as basically saying all named heirs get equal parts of any estate left at the time of death, or it could be much more detailed. Either way you should be able to find something, I would hope.
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1939 B, 1940 B, 1941 WC, 1951 WD, 1952 CA, 1956 WD-45
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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thanks everyone! this gives me a place to start investigating. the name of the farm was changed just before Dad passed and has remained under that name(s). i'm feeling a little better about all this right now...but still saddened in many ways. thanks again for helping me with this. ya'll ROCK!
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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13357 |
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OK, Good Buddy,,,you are getting some great advise and ,,,,,,It also looks to me that you been being a "nice Guy" long enough since "they" been keeping you in the dark far too long!! UNFORTUNATELY,,,Land, Property and Relatives have always been a tri'some that spells BIG trouble for most families. Since "the stock holders have not keept you in the know, you gonna have to assume, that ain't gonna start any time soon,,,maybe not even AFTER they sell everything out from under you. IF, they were any where close to being FAIR with your interests, they would have already given you a copy of the deed and all other agreements that they have done since,,,right? You need to hire an attorney like SOON, Please don't try to do this on your own, cause you can bet your Big Boy trk and everything else,,they are gonna have a sharp talking lawyer on their side,,!! |
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farmboy520
Orange Level Access Joined: 22 Jun 2016 Location: Beason, IL Points: 553 |
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Just my $.02, if the executor is telling you that the will is lost then he hiding something.
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On the farm: Agco Allis 9695, 7060, 7010, R66, Farmall H, and Farmall F20 (Great Grandpa's)
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JC-WI
Orange Level Access Joined: 11 Sep 2009 Location: wisconsin Points: 33623 |
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DJ, I keep getting the feeling that the 'stockholders' think they should
have the most of the 'equal shares' than the one that actually stayed
and worked... And I have the same thoughts as Farmboy does... Losing the will , they are hiding some facts. Happened close to here, in fact the daughter and s-i-l went into the old man's house and stole the will from his safe... never to be seen of again. and the brother knew what was in the will because the old man had put his 40 acres in to be with the original farm that the son had bought from him. But the sister thought the 40 acres and house should be sold for profit for themselves since they took care of the old man the last two months of his life. Where as the son had spent the last 3 years going down there and checking on him and helping him every day. And then the personal stuff started disappearing and found stuff in a grandsons garage and some other stuff at the sisters place ... The son said she could have all the stuff of their mothers but there were things that were left for the other brothers... which they didn't get because the sister got the courts to disperse it at an auction... What is that old sayin? evil is as evil does... the s-i-l died a few years later and the sister got sick.
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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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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13357 |
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Yeah,,JC,, I do not know ole Shameless like most of ya'll do, but I do see where he is a very trusting person and while that attribute is something most people will never be, it can and will wind up hurting him, I'm afraid. When they started that BS that the will was,,"lost", that was when the dishonesty on their part started.!!! That will is NOT LOST ,,or they could have never reached any agreements with the leasing out of the farm that they did!! I sure hope ole Shameless gets him a GOOD attorney "NOW" to represent his many years of working on his Daddy's farm cause I don't thnk them dudes are gonna be bothered too much with putting him out,,,,,
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Ray54
Orange Level Access Joined: 22 Nov 2009 Location: Paso Robles, Ca Points: 4340 |
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It pains me to say this, but if there ever was a time for mean a$$ lawyer now is when you need one Dale. The even harder part is finding one that is mean enough but will not turn around and bit you too. Praying for you to find the right people to do honest work in these legal matters.
Can you tell I am not a fan of lawyers. But there are times and places your a fool if you don't at least try to find one to handle matters. Maybe a good bluff will make the stockholder pony up the will, BUT DON"T BET ON IT. I agree with the other that think you being take for a ride. Edited by Ray54 - 01 Mar 2021 at 11:37am |
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CrestonM
Orange Level Joined: 08 Sep 2014 Location: Oklahoma Points: 8357 |
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Hey Shameless, I'm really sorry to be hearing all this. I think the other guys have offered some pretty good advice. I would say we make pretty good farm ownership loans at the Farm Service Agency, rates this month are 2.75%, so that might be an option if you're looking to purchase more than just a few acres of the farm.
Thoughts and prayers sent your way! |
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Hubert (Ga)engine7
Orange Level Joined: 12 Sep 2009 Location: Jackson Cnty,GA Points: 6124 |
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I fully agree that you need a good sharp lawyer that will get down and dirty. One question I have not seen posed yet is "who has been paying taxes on the property since your Dad passed." In Georgia that goes a long way in establishing ownership, especially after 7 years. As for the will being lost, that is a crock of crap. Even if the original document is missing there should be copies out there. Probate should be done as soon as respectful after a person passes. Even though I was the only heir, shortly after my Dad passed I took his will to an attorney to be probated and everything transferred into my name. Is there a chance the stockholders had the will probated and "forgot" to let you know?
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Just an old country boy saved by the grace of God.
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klinemar
Orange Level Joined: 14 Sep 2009 Location: Michigan Points: 7933 |
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Sad to hear of your predicament Shameless. Sounds like you have one stockholder who wants to be the Chief Operating Officer. As others have posted the will should have been Probated. I hope for you and your Loving wife everything goes for the better!
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JohnColo
Orange Level Joined: 03 Apr 2020 Location: Niwot, CO Points: 1258 |
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One of the stockholders is a distant neighbor of me, a couple miles away, still, I may have to pay him a visit... As a side note, after one of my dads distant cousins retired, he spent a bunch of time at the courthouse tracking down the ownership of the family farm in Ohio. Followed it from it was bought from the government in 1811 up to the last transfer a few years ago. The farm was around 170 acres at one time then the family that owned it gave each of the children 20 acres, over the years my distant family bought up most of the place then after my grandfather died in a fire, the land was split up again. My folks bought 7 acres of in in the early 1950's and sold it in 1956 when we moved to Colorado. Not only was it interesting reading but the handwriting back then was simply beautiful!
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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stay away from him John...you'll only gits angry just talking with him, very unlikable fellow, one of them know it all's! he's stayed away from me mostly, so that's good. and i don't need any phone calls from him, it'll only raise my blood pressure up! hard to find any farm attorneys around here, but i do know some that they absolutly hate just because of who they are! i may hafta sell the Chevy/Allis to pay for the attorney! PffffT!
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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another thing that gripes my ***, i might hafta leave my new cook shack behind! PfffffT!
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JC-WI
Orange Level Access Joined: 11 Sep 2009 Location: wisconsin Points: 33623 |
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You got receipts on that... So they can't take your personal property from you.... unless they got a sharkster lawyer working for them.
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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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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13357 |
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Well,,,,,I will say this,,,,,"you done figured out how to keep me in line",,,,ain't you,,??
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Ray54
Orange Level Access Joined: 22 Nov 2009 Location: Paso Robles, Ca Points: 4340 |
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My memory any more? That cook shack was new just months ago. Hauled in lifted up on your deck/porch? Load it back up put on the land you bought in town, for now. You did not nail it down did you.
It always hurts to pay a blood sucker, but can pay off BIG. If you win. Good luck fighting this.
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LouSWPA
Orange Level Access Joined: 11 Sep 2009 Location: Clinton, Pa Points: 24021 |
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Dale, before you go putting out good money, go to the county court house, probate office and ask to see the records of your fathers will. That should be free, or small fee.
A good lawyer may come in handy, but you can do the preliminary for free yourself. While there, you could also check on the ownership of the farm, with all transactions as far back as you need to go. I don't know much about your situation, but if you are being denied opportunity ot see the will, that smells very rotton! I wish you luck my friend
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I am still confident of this;
I will see the goodness of the Lord in the land of the living. Wait for the Lord; be strong and take heart and wait for the Lord. Ps 27 |
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Lars(wi)
Orange Level Access Joined: 14 Sep 2009 Location: Permian Basin Points: 6623 |
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It would seem strange that every ‘stockholder’ lost their copy of the will.
Even stranger yet, the probate court did not follow up with the executor, do insure all bequests in the will were fulfilled. In some states, the executor must file reports with the court detailing the actions taken to execute to will. Dale, I have this sinking feeling these ‘stockholders’ have deliberately screwed you royally. How did you all get along when you were kids? Did the others enjoy growing up on a farm? Did your father favor certain children in regards to the farm? Do all the ‘stockholders’ have the same father & mother? |
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I tried to follow the science, but it was not there. I then followed the money, and that’s where I found the science.
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JohnColo
Orange Level Joined: 03 Apr 2020 Location: Niwot, CO Points: 1258 |
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Dale, the visit I was thinking about was not going to be friendly.....
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allischalmerguy
Orange Level Joined: 11 Sep 2009 Location: Deep River, IA Points: 2864 |
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I am sorry to hear this Shameless! I pray things get better for you.
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It is great being a disciple of Jesus! 1950 WD, 1957 D17...retired in Iowa,
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steve(ill)
Orange Level Access Joined: 11 Sep 2009 Location: illinois Points: 77649 |
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How many stockholders are there ? Older or younger ? All from the city or out of state ?
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Like them all, but love the "B"s.
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mdm1
Orange Level Joined: 12 Sep 2009 Location: Onalaska, WI Points: 2592 |
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Just out of curiosity. Have you found anything out yet? Inquiring minds you know.
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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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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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MDM....no i haven't, it appears to be a cluster **** at the court house, i will hafta go back there when i can spend more time there. appears the court house has no record of the house i live in...which has been here since 1953. the crops grown on the farm pays the taxes as most do. cept where i live, and i have to find out more on this.
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