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Dads farm was split three ways. Deeds issued May 2012. He pays land tax for 2012. Is land his or the one who has deed?

Lapeer, MI |

Issue over where money should go for renting farmland. To his estate or to individuals .

Attorney Answers 1

Posted

I am sorry but I do not follow your summary. Is your dad still alive? What do you mean, his farm was split three ways? Did you inherit it or did he give it to you (and someone else?)? Is the *HE* you refer to your father? Who has the deed?

What I think you need to do is figure out what the deed says. Does it literally split the land three ways, or are three people joint owners? How are they joint, if they are joint, (tenants in common, joint tenants with rights of survivorship, life estate to your dad and remainder to two or three others)? Once you know what the deed says, it will be easier to figure out what the various interests are.

The owner is whoever the deed says it is. If the deed was drawn up by an attorney, that would be the logical person to ask about what your father's intent is. If the deed was not drawn up by an attorney, then it is anybody's guess what the effect of it will be.

Feel free to post additional information and we will try to be more helpful.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.

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