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Re: Way to prevent development


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Posted by ss55 on February 25, 2013 at 15:10:53 from (173.31.19.80):

In Reply to: Way to prevent development posted by sixtyninegmc on February 25, 2013 at 13:41:29:

You need to talk to a lawyer to find our what your options are.

Myself, I'd encourage the mother to work things out with her children and then stay out of it until they do. One or more of the children are probably already looking after mom. Hopefully a will has been filed and an assignment of power of attorney has been fled if there should be a need for it. One of the children may already have the power of attorney for the mom. If you are only hearing one side of the story you may find they already have worked everything out and at 87 the mom maybe confused, is unhappy with the result, or is just lamenting.

The mother and her husband have had sixty years to determine what they wanted to happen to the place after they are gone. It could be that they didn't encourage, couldn't afford, or didn't want any of the children to be involved in the farm until now. If they put off estate planning for this long and their only plan is to let the children work it out after they are gone, then I wouldn't change that now. I certainly wouldn't do anything behind the children's backs that you can't defend in court later.

It's probably to late to make an offer on the farm now without involving the children. You can always purchase the farm from the children when it does goes on the market and then you will be free to do whatever you feel is right with it.

If you do jump into the middle of this now you will likely be seen as an interloper, especially if some of the children still live locally and can tell their side of the story. I do have to wonder if are you actually trying to buy the place cheap from behind the children's backs? I hope not and I do give you the benefit of the doubt, but your question does not rule that possibility out.

Again, talk to a lawyer.


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