ScratchingHead
New Member
This is a complex question, and I am aware I need an attorney, but the will is not in force yet and I want to get an idea what to expect when it is:
Farm in OK owned 50% by mother and 50% by her nieces after her sister's death. The farm is willed equally to 6 beneficiaries, and I am the executor. There is another minor property, but it isn't salient to the question. Mother lives on the farm with the blessings of the other owners.
Youngest daughter has been dependent upon mother (I won't get into issues because I want to keep this a legal and not a moral discussion--but it is not because of any disability). She has, in turn, alienated and created animosity between herself and the other 5 beneficiaries, then announced that she will be living on the farm and taking mother's car after mother dies.
Although none of the beneficiaries plan to live on the farm, there are both relationship reasons and pragmatic reasons that the other 5 beneficiaries do not support this move, and this is where moral factors MAY come into account. The daughter is a long time alcohol and drug abuser and prostitute who had her children taken away from her because of her drug use and neglect. She notoriously does not pay her bills or take care of things. There is concern that, regarding the farm, she will not pay her share of property taxes, placing that burden on the other 5, and that she will conduct illegal activity on the property, such as drug distribution or prostitution, that puts it under risk of government confiscation. In regard to the car, she has no license, would not keep it insured, and when pulled over for any reason and the vehicle is impounded, would not be able to pay the impound fee to reclaim it.
Questions:
1. If we decide to force sale and the cousins do not want to sell, I assume I would have to file a separate partition request as a real estate ownership matter, because their share is not in probate. Is that assumption correct?
2. If we decide to force sale and the cousins AGREE to sell, does the fact that she has lived on the property at the time of death give her a legal position to block a sale and claim right to occupy?
3. Finally, if we decide to keep the property, what must be done legally to evict and prevent her from appropriating it for her own use? I want to clarify that she is so hostile toward others that if she is allowed occupancy, no other beneficiary would be able to use the property without considerable emotional pain.
4. I have also thought of the option of distributing the minor property and the car (without regard for her losing it or not) to her and splitting the half farm 5 ways to keep her off the deed, but I wouldn't feel like I was making a good faith equitable distribution if I did that, even though the values would be similar.
Farm in OK owned 50% by mother and 50% by her nieces after her sister's death. The farm is willed equally to 6 beneficiaries, and I am the executor. There is another minor property, but it isn't salient to the question. Mother lives on the farm with the blessings of the other owners.
Youngest daughter has been dependent upon mother (I won't get into issues because I want to keep this a legal and not a moral discussion--but it is not because of any disability). She has, in turn, alienated and created animosity between herself and the other 5 beneficiaries, then announced that she will be living on the farm and taking mother's car after mother dies.
Although none of the beneficiaries plan to live on the farm, there are both relationship reasons and pragmatic reasons that the other 5 beneficiaries do not support this move, and this is where moral factors MAY come into account. The daughter is a long time alcohol and drug abuser and prostitute who had her children taken away from her because of her drug use and neglect. She notoriously does not pay her bills or take care of things. There is concern that, regarding the farm, she will not pay her share of property taxes, placing that burden on the other 5, and that she will conduct illegal activity on the property, such as drug distribution or prostitution, that puts it under risk of government confiscation. In regard to the car, she has no license, would not keep it insured, and when pulled over for any reason and the vehicle is impounded, would not be able to pay the impound fee to reclaim it.
Questions:
1. If we decide to force sale and the cousins do not want to sell, I assume I would have to file a separate partition request as a real estate ownership matter, because their share is not in probate. Is that assumption correct?
2. If we decide to force sale and the cousins AGREE to sell, does the fact that she has lived on the property at the time of death give her a legal position to block a sale and claim right to occupy?
3. Finally, if we decide to keep the property, what must be done legally to evict and prevent her from appropriating it for her own use? I want to clarify that she is so hostile toward others that if she is allowed occupancy, no other beneficiary would be able to use the property without considerable emotional pain.
4. I have also thought of the option of distributing the minor property and the car (without regard for her losing it or not) to her and splitting the half farm 5 ways to keep her off the deed, but I wouldn't feel like I was making a good faith equitable distribution if I did that, even though the values would be similar.
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