My family farm I am leasing I want to buy. all siblings wont sign for me to can just majority sign? mother is living in nursing

Asked over 1 year ago - Somerset, KY

10 siblings all together.

Attorney answers (3)

  1. Joe Wayne Hendricks Jr.

    Contributor Level 12

    4

    Lawyers agree

    Answered . To answer your question I would need to know who owns the property. If your mother owns it and no longer has the legal capacity to sell the only way you could buy the property is if she had given someone a durable power of attorney or she has a court appointed guardian or conservator. There may be some serious complications to selling property belonging to your mother if she is receiving medicaid for her nursing home care. The sell of the property may cause her to be ineligible for medicaid.

    Also, she may have capital gains taxes on the sale of the farm. If the farm passes through inheritance then there is a "stepped up basis" in the property, thereby reducing the amount of capital gains taxes.

    Further, if she had actually implemented good estate planning through her will it may disrupt those plans. I would be very careful and make an appointment with a lawyer about how to handle this situation.

  2. Lawrence A Friedman

    Contributor Level 18

    3

    Lawyers agree

    Answered . Depends who owns the farm. The owner can choose whether or not to sell. If the farm is owned by the 10 siblings directly, then you probably can't force the sale on majority vote. If it is owned as a partnership, LLC, or corporation, majority may or may not rule. You need individual legal counsel.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. Kelly Scott Davis

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . As my colleagues point out, more information regarding whose name is on the title to the farm, whether you mother is competent, and if not who has the legal authority to act for her needs to be provided toan attorney in ordr to figure out a solution. The fact that your mother is in the nursing home tells us that someone, either her, the kids, a long term care policy,or the state, is paying for her care. Eventually her funds will be exhasted or, if she is on Medicaid, will be subject to recovery. In either event by refusing to sell, the kids could be guaranteeing that the arm will be lost. You need to retain an elder law attorney who can sort through the facts and perhaps explain to the family how things need to be done to preserve at least some of the estate.

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