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

136,199 Views | 393 Replies | Last: 1 mo ago by schwack schwack
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Keeper of The Spirits
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AG
Is your sister older or younger than you?
schwack schwack
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Quote:

Is your sister older or younger than you?
Older x 3 years.
Keeper of The Spirits
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Man that's something I would expect from a younger sister. It sucks the relationship with the folk had deteriorated for them because when your folks need help they will be less likely to call them and probably call you
HalifaxAg
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geez, I might consider taking a loan with these ultra-low rates, buy them out and end the fighting once and for all. Could be a win-win-win.
K_P
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Good on you for how you've handled this. Really sad story.



"You married into it..." Ha!
muleshoe
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I Have Spoken said:

As someone who has family land, you need to define how everything is going to work today on the front-end in writing. Don't assume that your relationship today will dictate that each party will act fairly in the future. Their property needs to be separable in a way where they can sell it or the other piece can be sold without a huge impact to any of the involved parties.
Undivided interest = partition
ElephantRider
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Have a semi-similar situation that just popped up with my in-laws (not really concerning inheritance though). Sister-in-law and her husband have decided that the only way to get out their rent house is to get my in-laws to give them an acre to put a double-wide on. While they act like this plan is a necessity, I feel that it's important to point out that he makes pretty good money in the oilfield (never got laid off), but drives a King Ranch F-350 that he bought a few months ago. He's also bought a $25k camper and a decked out can-am side-by-side within the last few years. He also goes on at least two guided hunts a year. She stays home with kids (two in school, two at home) and drives a top of the line Explorer. Two older kids are from her first marriage, child support is basically non-existant from what I can tell. If you can't tell by their spending habits, neither are very bright.

The trailer will be right next to my in-laws house, and while they try to be nice they don't like him. He's an arrogant *******, and they think he's too hard on the stepkids (he is, but they are turds so they probably need it). But they won't say no because they want to help their daughter and they like the idea of the grandkids being close. They will be in each other's business constantly, and it's not a matter of if it all blows up, but when and how big.

To make it more interesting, they are dead-set that the acre will be in her name only, but I know for a fact that her credit is so bad that they won't be able to put her on the loan for the double-wide. So who knows how that shakes out.
dubi
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I hate bad family dynamics.
schwack schwack
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Quote:

So who knows how that shakes out.

Hate to hear it, but understand 100%.

Supposedly the build is going to start out there soon. We'll see how it goes. Right now there's not much communication between them, yet, they watch each other like hawks from their respective properties. We hear when they come & go.

Divorce would wreak havoc for sure - I have no idea how that would go other than really, really bad.

At this point, we are staying out of it as much as possible. Parents will not do anything legally to divide the remainder of the property - their Will says everything divided 50-50 between us.
ElephantRider
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We've told both sides it's a bad idea, but not much else we can do. I think everyone involved knows it is. SIL and husband know that the in-laws won't say no and are going to take advantage of that. God forbid they get rid of some stuff and change their lifestyle so they can buy a house.

We're not worried about inheritance or anything (it's ~12 acres and most of it is bottoms/floodplain), but just want to avoid a bad situation for everyone's sake. Like is said, it's not a matter of if but when they get into a big fight.
one MEEN Ag
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Potential solution would be for your in laws to offer to set up and buy a mobile home for them and charge them 'rent to own.'

Might help with entitlement mentality. The grown children get to stop 'throwing money away rent' and the parents don't cede complete control of their land.

It would have to be clear that they would be renting to own the mobile home, not the land beneath it.

If it ever comes to a head with your inlaws and the son in law, they can evict them and pay out his share of the mobile home.
dudeabides
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T&P to everyone who is going through these difficult family situations. I've been a witness to a similar situation with my parents and my sibling's family for the last 25 years. They were lucky to have a few good years living near each other on the ranch in the beginning, but all relationships are now irreconcilably fractured. My parents gave and gave, and my sibling's family took and took. Arguments and fights happened between the two parties, battle lines drawn. My father passed away nearly 10 years ago and my mother has been under hospice care for the last year, but the animosity and 'taking' still continues this very day. Sad.

My advice is to make peace with the situation and live your life to your best ability. Treat everyone with kindness (as much as humanly possible). Knowing that you have been blessed with so much should be enough...at least, that is what I tell myself.


SteveBott
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Pretty sure the state killed contract for deeds through legislation. I think there are some loopholes but you need attorney advice
histag10
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SteveBott said:

Pretty sure the state killed contract for deeds through legislation. I think there are some loopholes but you need attorney advice


Its incredibly difficult in Texas is my understanding, and even so, you cant just evict someone who has a vested interest in the property. You have to foreclose on them is my understanding. (Even rent to own type situations should have a recorded contract/deed)
PuryearAg98
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Is it just me, or does everyone wince in concern when this thread gets brought to the top...

Great reading, but man do I feel for the OP's parents.
ElephantRider
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one MEEN Ag said:

Potential solution would be for your in laws to offer to set up and buy a mobile home for them and charge them 'rent to own.'

Might help with entitlement mentality. The grown children get to stop 'throwing money away rent' and the parents don't cede complete control of their land.

It would have to be clear that they would be renting to own the mobile home, not the land beneath it.

If it ever comes to a head with your inlaws and the son in law, they can evict them and pay out his share of the mobile home.

I doubt the in-laws have the means to swing that.

What's ironic is that they just bought this acre that was adjacent to their property last year because they didn't want neighbors.

SIL has always been a taker, and not just from her parents. She always expects everyone to drop what they're doing to help her out. Sadly that mentality is getting passed down, too. My father-in-law recently gave all the grandkids $20 while we were over there for no reason. One of her older kids (I think he's around 8) told him that wasn't enough, he needed $100.
schwack schwack
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Quote:

he needed $100.

Whoa.
ElephantRider
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Update to my story: Mobile home company wanted them to put "way too much" down (not sure of exact amount), so we all dodged a bullet.
histag10
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ElephantRider said:

Update to my story: Mobile home company wanted them to put "way too much" down (not sure of exact amount), so we all dodged a bullet.


Were they expecting a 30 year FHA type loan with less than 5% down?
ElephantRider
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histag10 said:

ElephantRider said:

Update to my story: Mobile home company wanted them to put "way too much" down (not sure of exact amount), so we all dodged a bullet.


Were they expecting a 30 year FHA type loan with less than 5% down?

Who knows. They had to put down $1,000 refundable deposit to start the process, they probably thought that was all it would take. They're not smart.
ClassicAg18
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I just found this thread and wow I feel so bad for you OP and wishing you and the fam the absolute best. Your sister and BIL sound like they have some soul searching to do and I pray that your nephew is ok especially with his condition

Things will all work out in the end, but I just hope your sister realizes the stress she is putting on your parents and takes a big look in the mirror at the person she is/has become. She and BIL sound to be a little narcissistic which is common in older siblings.
histag10
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ElephantRider said:

histag10 said:

ElephantRider said:

Update to my story: Mobile home company wanted them to put "way too much" down (not sure of exact amount), so we all dodged a bullet.


Were they expecting a 30 year FHA type loan with less than 5% down?

Who knows. They had to put down $1,000 refundable deposit to start the process, they probably thought that was all it would take. They're not smart.


Gotcha. So they have absolutely no idea how any real estate type transaction works. Lol.

Maybe explain to them that in the future that 1k is essentially ernest deposit, and the down payment comes later (and with manufactured or mobile homes, it is usually pretty steep)
RockOn
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A lot of people assume that land equity will be a sufficient down payment... regardless of size, access, desirability etc.
Redstone
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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.
SteveBott
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Dude this is family. All your stuff Is junk.
TxAG#2011
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So your advice is to turn into an ass hole and lawyer up whenever there is uncertainty involved? That's a ****ty way to live life and I wish more people didn't act like that.
histag10
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TxAG#2011 said:

So your advice is to turn into an ass hole and lawyer up whenever there is uncertainty involved? That's a ****ty way to live life and I wish more people didn't act like that.


It is particularly bad advice for a family. I mean, unless you are a cold hearted SOB who is likely to get written out of the will anyways....
schwack schwack
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We would never do this. If I'm looked at as weak for treating my family with respect, so be it.
harrierdoc
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Either Redstone is a lawyer him/herself, or had a REALLY bad family issue.

I will say that my wife and her brother had to lawyer up with some members of the family (cousins) that were taking money from a trust that was supposed to be for everyone in family - we are talking 8 figures. They were going to cajole and bleed that trust as much as possible, until the distribution after the death of an elderly family member. It was very contentious, but needed to be done.
Redstone
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Specifically, call a family meeting with an attorney expert to review the situation and detail options. This is obviously awkward and quite off-putting.

It is also the best way, by far, to stop the freight train of unintended consequence and protect both your interests and those "opposed," either quietly or not....because it's very likely someone will need to be protected from themselves.

IF the sister's family relationship heads straight downhill (I sincerely hope not)....

This "mean" advice will look protective and proper.
schwack schwack
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Quote:

call a family meeting with an attorney expert

Somewhere way back in this massive saga, I posted that our parents refuse to get lawyers involved. That is still the case. We're just going to ride it out. Truthfully, we were never counting on anything from this property anyway assuming that they would need to sell at some point for living expenses as they advance in age & possible health issues present themselves or worsen.

Dr. Venkman
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How is your nephew?
schwack schwack
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Quote:

How is your nephew?
Thank you for asking, Dr. Venkman. He turned 13 last week! There is not improvement, nor will there be, but his meds keep him going with adjustments here & there. Overall, pretty good.


95richmondaggie95
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Fascinating Read.....

Feel for you Schwack. My wife ran into certain issues with inheritance and it was ugly.
 
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