What would you do? Buy or not?

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Last month, hubby and I previewed a small farm 160 acres, that was going to be auctioned due to the death of both owners. Day before the auction, after we had jumped through hoops to try to figure out the financing, the auctioneer called us to let us know the nephew of one of the deceased had filed a "cease and desist" motion with the court to try to prevent the sale. The will for these folks stipulated that the property was to be sold ASAP after their demise, and the proceeds to be divided between a high school student and a yound man in the military--don't know the relationship to them, as they had never had any children. The surrounding land is owned by the deceased man's brother, and his son is the one filing the c&d order. To date, it has not gone to court for a decision. I was pretty disappointed, as I really counted on buying the property. Now, IF the court ok's the sale, what would you do? My only concern is whether or not this man will be a trouble maker after someone new moves in. I was tempted to contact him, and let him know our intentions were to restore the old barn and outbuildings, and that we would respect the property, and farm it, as his grandfather had many years ago, etc. Hubby thought that wasn't a good idea, to just sit back and wait. I don't want to have the neighbor from hell later, but this is a great piece of restorable property, and just what we need. Any thoughts? Have any of you had any experience with these cease and desist cases? What are the chances? Thanks, I know this is long. Jan

-- Jan in CO (Janice12@aol.com), June 05, 2000

Answers

My best friend just went thru something similar to yours. Her and her siblings were left in a will by their aunt. A distant cousin who was NOT written in the will pulled some mean and sneaky tricks. She herself (the cousin) got a lawyer and postponed things for a good half year. From what I understand if it's written in a will, they can NOT change anything! Call an attorney - they usually give you the first consultation free. You got to remember, if the owners wanted anyone else in their will, it would have been written. It appears they wanted it sold ASAP for a reason.

-- Pat (pmikul@pcpros.net), June 05, 2000.

You need a lawyer, Jan. You might also try a rather informal contact with the late owners's attorney. She/He might have some feeling as to why they wrote their will this way. You are right that the potential for neighbor trouble is high. It might be a good sign that the son/nephew filed the motion, not the father/brother. It may be that the son is a creep, even to his own father. It may be that the father doesn't like the will, but is willing to abide by it.

I'd also try talking to some people from around there. The banker and auctioneer would be the easiest, but maybe not the best people to talk to. I wouldn't approach the son at all. If nothing else, even if the property was to be sold ASAP, he could have filed to stop the auction sooner.

It sounds as if you really want this farm, so it would be worth the effort to find out what is really going on. Talk to people and talk to a lawyer. Gerbil

-- Gerbil (ima_gerbil@hotmail.com), June 05, 2000.


Jan! My advise is to "go for it"! Don't be too afraid of what others think or might do. Sometimes you just have to take a stand in this life and fight for what you want. Your intentions are legitimate and honest so don't worry about other too much. You can still be "above" all the hatefulness and deceit, if he actually is that way. Who knows, he just could turn out to be a good guy. I hope so. As long as there're people there will be confrontations, I suppose. Matt. 24:44

-- hoot gibson (hoot@otbnet.com), June 05, 2000.

I would have your husband contact this person. Just a friendly can we be of help type of call. If it is meant to be it will all fall together, but I really would want to try to start out on the right foot. But really would want this to be a man to man type of conversation so there isn't any other problems. Think most women are just to passionate and we turn men off when we talk/confront them! Vicki

-- Vicki McGaugh (vickilonesomedoe@hotmail.com), June 05, 2000.

Jan,

I agree with your husband - I wouldn't make any contact with any of the parties. Contested wills can take a great deal of time to resolve and I feel its in your best interest not to get involved, and then perhaps embroiled, in this matter. I am not a lawyer and I have, thank God, no experience with contested wills, but its my understanding that the courts will honor the expressed wishes of the deceased, assuming the will was properly prepared. If the nephew has filed, and a judge granted, a cease and desist order, then the nephew is probably going to contest the will. He may tie things up with legal procedures for a long time. A long and costly legal battle waged by the nephew would be telling as to his character and how he might behave towards you and yours if you become his neighbors. Have the auctioneer call you when and if the property is back up for sale. Keep looking for other property in the meantime, if this place works out, great, if not, be prepared to move on. I know that is hard to do, especially when you have been looking for a long time and already invested time and energy putting together the financing on this place.

Good luck,

Bob

-- Robert (STBARB@usa.net), June 05, 2000.



I think it is always a good idea to talk with the neighbors before you buy a place -- they will be the closest place you run to in an emergency, and you need to have some kind of idea about what kind of people they are. In America independence is everything, but it is foolish to set up camp surrounded by enemies, or even just bad vibes. Much better another place maybe not so seemingly perfect but with welcoming neighbors. Neighbors are as much a part of the landscape as the climate and the soil. After the lawyers have had their tussle, after the bank has you sewn up tight, you will be left with this neighbor. It might not be a problem at all -- but, if you do not talk to them, you will not know if they covet the land for the sake of the money it could produce or if they want to keep it out of the hands of developers, or what the deal is. Greed? Jealousy? Anger? Everyone else will have gone home and you will be left with the folks across the way.

Next to my place of business are a lot of empty storefronts -- empty because the landlady is a power-freaking bitter person, and often people come into my shop to ask about the storefronts. I advise them all to find another place, because it is hard enough to start up and run a business without having a crazy landlady. Similarly, you're going to have enough to contend with homesteading without contentious neighbors.

-- snoozy (allen@oz.net), June 05, 2000.


Thanks, all for your thoughts on this matter. We wondered why the nephew's father, brother of the deceased, who owns all the rest of the section, surrounding this part, didn't just buy the land, or help his son finance it, etc. Maybe the son just figures he will eventually inherit his father's part, and doesn't want someone else to have part of the family farm-understandable. He doesn't live in that town, so wouldn't be right in our face now, until and unless he inherits from his father. Strange situation. These brothers had a good relationship, shared water, etc. There was apparantly a buyer for the property at first, then the nephew made a stink, and the auctioneer/realtor, whose wife is a friend/relative of the personal representative of the deceased, suggested to the surviving brother that the only "fair" way was to put the property up for auction, which they did. Fine until 6 weeks later when the nephew pulled this. At first I didn't want to even plant a garden here, on our current place, as I was so bummed out about this, but then got to thinking about it, and decided to proceed as if we will be here, and if it comes up for sale, we will decide then. Thanks again for your thoughts, sometimes it is hard to see all the aspects of something when you are too close to it. Will keep you posted. Jan

-- Jan (Janice12@aol.com), June 05, 2000.

Jan, My hubby & I are buying up all the really bad properties in this town when they come up for sale. We have torn down houses & planted orchards, Etc.--But 2 weeks ago this guy came & wanted us to buy his property! All he had was a quick claim deed--there were some other problems also. We talked to our old family, friend, attorney, he advised us how to approach everthing & how to do everything legal & get title insurance & etc.--but I kept praying about the amount of money we were suspose to offer--& I never did get a comfortable direct answer. I kept telling my hubby --something is wrong here I can just feel it! Well --Jan, there were things wrong--& until God tells us, we are to buy it & gives us the price to offer--we are backing off also!! Hang loose --if it is meant to be, it will all work out! If not God has something better in store for you! Sonda in Ks.

-- Sonda (sgbruce@birch.net), June 05, 2000.

If an heir is not mentioned in a will he/she has the right to contest it. Pity the folks didn't leave the nephew a pocket watch or $5 or something because it looks to me as if this property is going to be tied up in court. Sometimes heirs or, rather, heirs-at-law can cause some awful problems and they come out of the woodwork when someone dies. If I were you, I would go to the court and read all the papers in the case file to see if I could glean information as to how long this matter might be dragged out and what sort of legal chance the nephew has.

Probably this will drag on at least six months and perhaps several years. It would be a good idea to plant your garden where you are and enjoy your present premises, while looking for another place -- where the owners are still alive! Perhaps you can find an elderly couple who want to be assured their place will be taken care of and who need cash for that swan song trip all around the country or to Europe or Hawaii or whatever!

While you are in the court, you could be looking for partition suits, too. When someone dies if they have no will, a suit is filed to determine who all the heirs at law are, if the property is suitable to be divided up among them (very rare) and to make arrangements for the land to be sold. If you offer a fair price, perhaps the land could be sold to you to save the heirs a long wait, cost of advertising, etc. They wuld be happy and you would get a good bargain.

-- Elizabeth Petofi (tengri@cstone.net), June 09, 2000.


Elizabeth: You are probably correct, and I did go ahead and start my garden here, although too late probably for some things, like pumpkins. Next time we are in that part of the state, I will have to go into the courthouse and look at the records on the case. In light of the problems you and others have had with some of their neighbors, I just was uncertain whether it was worth the possible hassle this man might give us, IF we were able to purchase it, even though he doesn't live nearby at present. A lot to consider, but I have more or less resolved myself to "grow where I am planted" for the time being, and not mope over it. Thanks for the ideas. Jan

-- Jan B (Janice12@aol.com), June 09, 2000.


best case is the nephew is acting alone. he may notbe able tobuyso is trying toget for free. You could have a stand offish nieghbor or some one that welcomes you in to the nieghborhood. But if not be very sure to know your boundry's, both real land and political. Then DON"T cross them.

-- Frank Meszaros (lostark555@yahoo.com), June 10, 2000.

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