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Re: Get a proper will !!
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Posted by MarkB_MI on August 19, 2006 at 05:17:42 from (64.31.11.110):
In Reply to: Re: Get a proper will !! posted by Ray on August 19, 2006 at 04:50:48:
Ray, John T has (as always) given you some sound advice. Note that you need to do some research in your home state of Ohio to determine what is the real ownership of your farm. It sounds to me like there's a very real possibility that your sister's stepchildren have no claim on the farm. If you and your sister were Joint Tenants, you get it all. Even if you and your sister were tenants-in-common, it sounds like you are her next-of-kin. I believe the fact that she named her husband as her heir is irrelevant unless her will specifically names her stepchildren as heirs if her husband preceded her in death. It sounds far more probable that you have a claim on your sister's husband's estate than that her stepchildren have a claim on your sister's estate. Their lawyer may be posturing in hopes you'll drop your claims to the husband's estate in return for them dropping their claim to your sister's estate. Another thing to consider: Did you and your sister have a signed lease regarding your operation of the farm? If so, and if the lease has a right of first refusal clause, you can make it very difficult for them cash out their interest.
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