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Re: Question for Land Owners


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Posted by MarkB_MI on April 15, 2015 at 02:46:26 from (70.194.9.109):

In Reply to: Question for Land Owners posted by d282 on April 14, 2015 at 18:55:13:

I think your friend's logic goes like this: He paid taxes on the farm for fifteen years, so his siblings should just sign it over to him free and clear. That ain't gonna fly. Any lawyer will argue he was just paying rent for use of the property. I have a renter who has lived in one of our rentals for eight years; no way am I going to sign the title over to him when he hits the fifteen year mark.

Your friend has a couple of options: He can try to make his siblings happy and maybe keep his barn. Or he can hire a lawyer, take them to court, p**s them off, and he might still lose his barn in the end.

Here's what I suggest: The heirs should hire an appraiser they all agree will be impartial. The appraiser should appraise the barn and shed separately from the rest of the property. Note that even though the barn is on the farm, it's NOT PART OF THE ESTATE, and your friend deserves compensation for it. Based on the appraisal, the heirs know the fair market value of the farm and your friend's buildings. Now comes time for negotiation: Your friend can offer to purchase the estate, with his share deducted from the price. If that doesn't fly, he can then offer to sell his barn to any one of his siblings who want to buy the estate. They will of course decline because they want cash, not barns. At that point, the barn and estate should be put up for sale, with a percentage of the final purchase price going to your friend. (The percentage would be based on the original appraisal, so if the barn is deemed to be worth 40 percent of the total, your friend should get 40 percent off the top plus his share of the estate.)

Your friend made a bad decision and now he's paying for it. It's going to cost him one way or another. Hopefully he can get it settled and still be able to talk to his siblings afterwards.


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