Legal Question in Wills and Trusts in Missouri
How can I keep the family farm in operation when the off-farm heir is unwilling to accept an offer that less than appraised value but is the most I can borrow against all available collateral. Very afraid she will sell her 1/2 of farm and thus put my livelihood at extreme risk. partition is quite possible. Have spent entire working life on this farm do not want see someone else (neighbors) farming it. Don't seem to have a bargaining stool to stand on. For one who cares little for farm she seems to have the most power on how things will be done. Not right.
1 Answer from Attorneys
Whomever is on the farm, they have an obligation to make it productive. So, it should stay in operation ( unless there is a more lucrative use of the land.) So, the question is really, how does the heir that is not on the land, get paid? If the farm operation is profitable, then division of the profits may take care of it for a while. The person on the land would save up their share of the profits to later add to what they can borrow, to buy out the non-farming joint heir. If the farm is not profitable, then the farming heir may have to take on outside work to pay the non-farming heir what they would make if the property were put to its most productive use.
If the heirs are amenable, a portion of the farm could be leased out for others to farm. This might pay the non farming heir a portion of what they would profit, and free up the farming heir to earn money elsewhere to make up the difference to the non-farming heir.
Good luck
These are all plans to get the non farming heir off the title within a few years. Obviously, the heir actually working or managing the farm is due wages from or a larger portion of the profits than the non-farming heir. How much, is dependent upon a lot of factors. There are no facts here to determine the amount of wages, reimbursement or disparity in profits.
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