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Here's one to stew on: family land/inheritance

173,460 Views | 422 Replies | Last: 29 days ago by The Collective
Chet Ripley
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In reply to MS08 • 3:39p, 5/22/23
AG
MS08 said:
schwack schwack said:
Right?!?! Their mailing address is a property with no improvements? The county will figure it out at some point - with or without them going in - but then they risk it being pro-rated back to built date,don't they?


This nugget leaves us wanting for more, hah! I don't think they can retroactively collect property taxes as those are based on what the assessed value is. But, looks like they may end up biting their nose off to spite their face. We will stay tuned!


Actually the Tax Code requires the CAD to go back and add "omitted property" as far as 5 years for real estate. Existing improvements that are not reflected on the appraisal roll qualify as "omitted property". Sometimes the local CAD will choose to not go back annd andd the missing property in back years, but they are supposed to.

After reading this thread, I have to admit I would be very tempted to put a bug in the CAD's ear. Property missing from the appraiser roll just means that other taxpayers have to make up for the taxes not being assessed to the owners of the missing property.
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bqce
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8:20p, 5/22/23
AG
Found this post today. One of the most interesting rabbit holes I've been down in a while. Good thing I'm retired. Bless your heart Mr. schwack
.
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Deats99
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In reply to schwack schwack • 11:14p, 5/22/23
AG
schwack schwack said:
Quote:
Any updates?

Not really. They all tend to keep to themselves unless they need to borrow some of Dad's tools or farm equipment.

Sister upset at an increase in the tax value of their lot. Here's how stupid they are: their newly constructed house isn't even "discovered" yet, but they think they are going to protest. They have some AG on it for bees - so we're not talking much tax! Y'all, it's a really minimal tax increase compared to some of ours - but they don't listen. I kinda hope they do it & get hit for the house. Is that wrong?!?!?

Effing hilarious at this point.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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tamuangry
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7:31a, 10/9/23
I'm just curious … any new news? Any planned drama around the upcoming holidays?
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schwack schwack
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In reply to tamuangry • 8:57a, 10/11/23
AG
The news this year is not good - our nephew passed away in June. In many ways it was a blessing, his quality of life had diminished greatly in the last year or so. That said, there was a lot of family drama surrounding his passing that I won't go into but relationships were not improved. In typical fashion, they handled things poorly.

As to the day to day around there, things are the same with them & parents. No improvement. Parents have been having some health issues - nothing too major, but they aren't much help.

Their house has still not been discovered by the CAD, so they've got that going for them. I'm guessing their land value will increase quite a bit in 2023, so I look forward to hearing about their protest. LOL.

We are set to go there for Christmas - Thanksgiving is with Mrs. Schwack's side. The last few times we have been they don't come over. I'm guessing they will come for lunch Christmas day though - the food is always good - and heck, it's a free meal. Oh - speaking of food, they now have chickens & honey producing. They don't share with parents despite them using all of Dad's farm equipment, etc. They do sell to others, so I guess parents could BUY some....
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Keeper of The Spirits
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1:21p, 10/11/23
AG
I wonder if its time to show them some extra love. You may already be doing this, you have already been way more kind about this than I would have been.

Its a bad situation, they aren't good people and you can't change that. I am sure you wish things would have gone different.

The loss of your nephew will weigh on everyone for years and it sounds like you have a few precious years left with your folks. I can't imagine they will act appropropriately when your folks pass so this may be your last chance. However you can go out of your way to show love and forgive what you can and ignore what you can't. This may soften them up some for the time in which you parents pass.

And you know the way in as a big gift of monetary value
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tamuangry
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In reply to schwack schwack • 2:48p, 11/25/23
schwack schwack said:
The news this year is not good - our nephew passed away in June. In many ways it was a blessing, his quality of life had diminished greatly in the last year or so. That said, there was a lot of family drama surrounding his passing that I won't go into but relationships were not improved. In typical fashion, they handled things poorly.

As to the day to day around there, things are the same with them & parents. No improvement. Parents have been having some health issues - nothing too major, but they aren't much help.

Their house has still not been discovered by the CAD, so they've got that going for them. I'm guessing their land value will increase quite a bit in 2023, so I look forward to hearing about their protest. LOL.

We are set to go there for Christmas - Thanksgiving is with Mrs. Schwack's side. The last few times we have been they don't come over. I'm guessing they will come for lunch Christmas day though - the food is always good - and heck, it's a free meal. Oh - speaking of food, they now have chickens & honey producing. They don't share with parents despite them using all of Dad's farm equipment, etc. They do sell to others, so I guess parents could BUY some....


Yikes! Thanks for sharing
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Less Evil Hank Scorpio
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6:37p, 1/3/25
AG
Bump. Hope things are going better this holiday season.
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schwack schwack
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7:33p, 1/3/25
AG
Not much change to report. Parents are getting older and communication between them & "the neighbors" is about the same: very little, so they say. We were there Thanksgiving & we didn't see them.

We're not 100% sure that parents are completely truthful with us about the day to day & might play both sides. Called on Christmas & was hurried off the phone when "the neighbors" came in. So, who knows.... I'm sure they try to keep the door open for family and all, but we've learned that we really don't know & we've decided to stay as neutral as possible & call every Sunday to check in.



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schwack schwack
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2:07p, 12/6/25
AG
UPDATE: This year has seen things ramp up at the old homestead. First, the Parents are still doing OK but the inevitable decline that people in their mid 80's face is happening. We bought them a side by side to make getting around the property & to the mailbox easier and they love it.

Several months ago, everything went south & they are no longer speaking to "their neighbors". It happened when they returned a borrowed piece of farm equipment broken. Dad said it was time for them to buy their own & that was it. Now, not even a hello. Fast forward and they did some "work" on the front fence & added a gate they could lock. It left an opening on the side of Dad's gate that was passable. Dad proceeded to come up with a way to remedy it and - I kid you not - got a "You're on my property." Things plunged off the cliff from there.

So much so that after that, parents have revised their will to a trust that leaves them totally out of everything. They want it to be easy on us & this will not allow any interference from them - it's not contestable & we don't even have to show it to them. It goes to me, then to my wife. We make all of the decisions without their input. How civil that goes is up to them. Right now, our plan would be they give us half of market value for our part & it's all theirs.

Thanksgiving at their house was just the 4 of us. We had a nice time, but I know they are still upset & don't understand how it got this bad. They are unhappy with the current situation & for the first time even my Dad is considering a move. Part of it is their physical condition & realizing that's it's just going to get harder to maintain, but a huge part is the relationship with their child. They hate seeing the house over there & the daily reminder of having no relationship. We finally talked them into starting the process just to find out what the market value is because they have some other "friends" asking what they are going to do with it & we know they would want a deal. That's probably our next battle. I have told Dad not to quote anybody a price, but he has this old "best friend" that we worry about & I trust less than my sister - LOL. That said, if I've learned one thing in my life, it's that Dad is gonna do what Dad is gonna do.

So, that's the 2025 update. Merry Christmas, to you & your families!
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busdriver88
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8:18a, 12/7/25
AG
Man, that blows. Family is going to family sometimes. Sorry this is happened, and sorry it probably isn't going to improve.

My dad always told me "When people show you who they are, believe them"
There may not be time to do the job right, but there is always time to do the job over!!
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Ribeye-Rare
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In reply to schwack schwack • 9:03a, 12/7/25
AG
schwack schwack said:
We finally talked them into starting the process just to find out what the market value is because they have some other "friends" asking what they are going to do with it & we know they would want a deal. That's probably our next battle.

I'm handling an estate and dealing with a similar issue regarding the disposition of a quite valuable property, as one of the beneficiaries under the will has some "friends" who'd like to buy the property from the estate.

So, to keep everyone honest (myself included), I'm getting a Brokers Price Opinion (even if I have to pay for it) and am taking the attitude that cash talks and BS walks.

Or, as the Louvin Brothers so nicely put it all those years ago, 'That'll be cash on the barrel head, son."


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schwack schwack
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In reply to Ribeye-Rare • 5:01p, 12/7/25
AG
Agree. We are trying to hammer home that Dad needs some good comps or needs to pay for an appraisal. He's lived there since 1968 & honestly has no idea of the value. He sold to my sister for super cheap (but was happy because even that was more than he'd paid) assuming that they'd be help. They are not.

Now I have that song on loop in my head - but it's good advice! CASH.
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MS08
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9:31p, 12/7/25
AG
Remind me, so this is 2 parcels now, and the "neighbors" own the adjacent parcel? Or are they simply living in the adjacent house but Dad owns everything?

Sorry for the extremely difficult situation. Even though the lovely "neighbors" have been left out of the will, that will still come with difficult and stress, not to mention all of the difficulty and stress that has already taken place.

I would suggest getting an appraisal as a starting valuation point.
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schwack schwack
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In reply to MS08 • 10:12p, 12/7/25
AG
2 parcels. Dad sold it to them & they built a house.

We are lucky just to have gotten Dad started with a realtor to pull some comps & give an opinion. We've wanted him to do that for years. I think it will be easier to convince him to have a real appraisal done once he realizes what current values are.
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SteveBott
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10:43p, 12/7/25
AG
If the realtor is a respected professional in the land market they should give a realistic estimate of value. You may not need an appraisal.
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harrierdoc
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6:27a, 12/8/25
AG
I'm going to chime in again, after all these years.

If your parents are maybe making some questionable financial decisions, but it's very clear they want you to have this property, why not put it in a trust now? That way he can't just choose to sell it, you can be the trustee that ensures proper care of your parents and their possessions, and then, when the time comes, that inappropriate resolution will come for you. I know the whole time you've said this is not about you, but outside of your parents, which, I agree, should be first and foremost, this is for you. As long as you are respecting your parents and always doing what they want, then you have the peace of mind, knowing that you did for them what they may not be able to do on their own, regardless, if you receive any money for it. But if they get swindled or something happens for they lose their property, you will beat yourself up that you didn't do more.
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schwack schwack
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In reply to harrierdoc • 8:51a, 12/9/25
AG
Hi, Doc. We appreciate you coming back to the post & this makes perfect sense, however....

My Dad is not ready to give up control - not sure he will ever be. We were surprised that he did the research & found a great attorney to set up the revocable trust. That was an amazing step for him & showed us he is still "with it" mentally & that he's starting to realize his physical limitations at 85. Luckily, Mom is sharing everything that goes on with it now as, she too, knows that things are changing. She knows the best friend and watches him closely. They sold some land to him that was my PaPaw's and he's brought up mineral rights several times and Dad will never sell those + they are split with my Aunt & she will never sell them.

Dad is an old, country guy. When people have asked him about selling anything, his line has always been "I'll think on it" so that he doesn't hurt feelings with a flat "No." At this point, I think we're good and we are trying to get there more often and call more. At least the trust will make things easier for us once they are both gone - and I know Mom will gladly turn over the trustee job to me if she's left alone.

The next couple of years will be interesting, but we'll do our part to make whatever transition happen in the easiest possible way for them.
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schwack schwack
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In reply to SteveBott • 8:58a, 12/9/25
AG
Hi Steve. Thank you for coming back to the post.

We actually got the names of 3 realtors for them to talk to from a very trusted high school friend that never left the area & is still very well connected. They met with the highest one on the list & really liked her. She has been doing it for years but is bringing her broker back today that has been in the local market & heavy on the land side for 30 years.

Here's hoping that the comps will come back with an eye popping number - LOL - that will spur them along to start looking for a more manageable place & still have enough left over for all their possible end of life care.
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schwack schwack
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In reply to harrierdoc • 3:49p, 7/23/26
AG
Quote:
why not put it in a trust now?

Fast forward to 2026 and they did!

But it took a bit to get them there + some VERY unreasonable actions by their "neighbors" this year. Long story, but things really escalated over the way Dad locked his gate, a tiny bit of mineral rights, a super small piece of Dad's driveway, lawyer fees & the expense to Mom & Dad for a new driveway. We decided to just to end it all & have no further communications. Now the neighbors post childish, rude signs by their new fence that they erected down the middle of the old driveway & put a child's picnic table & chairs down there next to the fence - why? They put up cameras facing my parents gate & I think the signs are there to try to bait them into some kind of confrontation because they record everything on cameras & phone. Dad's attorney told them to call APS & they came out and tried to talk to the neighbors about just leaving them alone now, but no. Not much they can do since there is no threat of physical harm, etc. Dad does love his new driveway, so that's a plus! We bought him a kawasaki mule so he zips down to the mailbox & around the property so much easier.

The trust covers everything they have & when both are gone or need care, I (Mr) am the trustee & then it goes to my wife. We still anticipate having to sell if they need extensive or long term care & I'm sure the neighbors will try to derail the process if it comes to that. We no longer speak to them. When the time comes, they don't even get to see the trust documents, but they are both clearly written out.

So that's the latest. I still wish they would downsize. They talk about it & he has hired some work out & they've cleaned a few barns up.
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SteveBott
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In reply to schwack schwack • 7:04p, 7/23/26
AG
So the future y'all predicted has now become the present. So sad. You did what you could. When it's time to sell it might be a great property to convert to a trailer park. "The neighbors" will fit right in.
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HTownAg98
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In reply to SteveBott • 9:13p, 7/23/26
Salvage yard is another good option.
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Sea Speed
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9:43p, 7/24/26
AG
Pig farm
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Martin Cash
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7:28p, 7/26/26
AG
Data Center
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BrazosDog02
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In reply to Redstone • 8:03p, 7/26/26
AG
Redstone said:
I just read this whole thing over 2 hours or so.

Do not be "nice" unless you don't care or it's clearly the correct thing to do.

When there is uncertainty, and a high likelihood of unreasonableness, be ruthless and "mean." Be "selfish."

Involve an articulate micro-specialist attorney who will offer dispassionate, informed advice, and, critically, to ... INTIMIDATE.

Playing "nice" is a good way to lose money but more important being "mean" is a PROTECTION FOR EVERYONE.

As Hegel correctly observed, the cunning of reason and unintended consequence is always present - especially when material gain is sought.


This is the route I went with my father. I sued him, which saved him from a bad financial decision, preserved our inheritance and got it pass on the spot, and we havnt spoken since. Sometimes you gotta do what's best for you and being nice isn't the way to do that with most people.

The op situation is a little different and I don't know tht that's a good route due to the amount he could lose.
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harrierdoc
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In reply to BrazosDog02 • 2:29p, 7/27/26
AG
BrazosDog02 said:
Redstone said:
I just read this whole thing over 2 hours or so.

Do not be "nice" unless you don't care or it's clearly the correct thing to do.

When there is uncertainty, and a high likelihood of unreasonableness, be ruthless and "mean." Be "selfish."

Involve an articulate micro-specialist attorney who will offer dispassionate, informed advice, and, critically, to ... INTIMIDATE.

Playing "nice" is a good way to lose money but more important being "mean" is a PROTECTION FOR EVERYONE.

As Hegel correctly observed, the cunning of reason and unintended consequence is always present - especially when material gain is sought.


This is the route I went with my father. I sued him, which saved him from a bad financial decision, preserved our inheritance and got it pass on the spot, and we havnt spoken since. Sometimes you gotta do what's best for you and being nice isn't the way to do that with most people.

The op situation is a little different and I don't know tht that's a good route due to the amount he could lose.


You may not have an inheritance after that. I would say that if you did that to protect him, then it was a good choice, even if it means you lose that relationship.

Did you become conservator for his accounts?
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BrazosDog02
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In reply to harrierdoc • 6:13p, 7/27/26
AG
harrierdoc said:
BrazosDog02 said:
Redstone said:
I just read this whole thing over 2 hours or so.

Do not be "nice" unless you don't care or it's clearly the correct thing to do.

When there is uncertainty, and a high likelihood of unreasonableness, be ruthless and "mean." Be "selfish."

Involve an articulate micro-specialist attorney who will offer dispassionate, informed advice, and, critically, to ... INTIMIDATE.

Playing "nice" is a good way to lose money but more important being "mean" is a PROTECTION FOR EVERYONE.

As Hegel correctly observed, the cunning of reason and unintended consequence is always present - especially when material gain is sought.


This is the route I went with my father. I sued him, which saved him from a bad financial decision, preserved our inheritance and got it pass on the spot, and we havnt spoken since. Sometimes you gotta do what's best for you and being nice isn't the way to do that with most people.

The op situation is a little different and I don't know tht that's a good route due to the amount he could lose.


You may not have an inheritance after that. I would say that if you did that to protect him, then it was a good choice, even if it means you lose that relationship.

Did you become conservator for his accounts?


No. But, You don't get to sue a parent and remain a beneficiary, even if it's for the right reason. I knew I'd lose the inheritance if I did it but the juice was worth the squeeze and we all benefitted even though he technically "lost".
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1Aggie99
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In reply to BrazosDog02 • 11:03a, 7/28/26
AG
This is confusing to me. In one statement you sued your dad and "preserved our inheritance" and the next you "knew you would lose your inheritance".

All at the cost of a relationship with the man that brought you into this world? I'm probably in the minority but it's not anyone's right to an inheritance until it's given to you. Voice your opinion but I don't believe I would ever sue my folks over money or land and risk what time we have left together. No amount of money is worth that.

Off my soapbox. Carry on
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Enrico Pallazzo
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11:57a, 7/28/26
Yeah, hard to judge without details. In general, I'd say if it was done stop him from getting scammed and throwing away $$$ he will need to live on then I could see it, but I find it very odd that suing him would do that. None of us are entitled to what our parents earned.
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BrazosDog02
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In reply to 1Aggie99 • 12:13p, 7/28/26
AG
I don't want to get too far into specifics, but these were separate inheritances. His mother (my grandmother) left a sizable inheritance to my father, my sister, and myself. One of these items was a house and property. He stopped paying property taxes on it, changed the terms of the will so my sister and I got less, and pushed it until the city sent auction notices. I had no other option here and waiting to see if he changed his mind was a huge risk.

That action obviously insulted him and so he cut me out of his will. That's OK. He hasn't paid taxes on his estate in 6 years. There won't be much to gain and my sister needs the money.
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Diggity
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9:49a, 7/29/26
AG
ain't family fun?
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schwack schwack
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In reply to Diggity • 2:31p, 7/31/26
AG
Quote:
ain't family fun?

You just never think it will happen in yours.
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TxAG#2011
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In reply to schwack schwack • 11:42a, 8/1/26
Half market value? Charge them a premium on it. They already got their family discount.
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schwack schwack
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In reply to TxAG#2011 • 9:17p, 8/2/26
AG
Quote:
They already got their family discount.

They've gotten all they will ever get. The trust states it clearly. Nothing. Even if I wanted to, which I don't, per my parents wishes it's a no dawg.
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SteveBott
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In reply to schwack schwack • 10:29p, 8/2/26
AG
Do they still have a relationship with the grandson?
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