Legal Question in Wills and Trusts in Utah

Trust and oldest brother the executor.

We have 40 acres of property that is supposed to be our inheritance. Now my husbands brother wants to buy it. He never pays full price and we do not think he can pay the price we need. His mother's name is on this property and she wants it to stay in the family. If the money cannot be worked out the older brother gets the property we have worked on for 40 years and which was promised to us. This brother has had his own property, etc., but is the favorite child. We cannot afford to farm it, my husband has had to drive semis to make ends meet and we are desparate. The bank is tied up in liens and we need to sell it to be able to continue to live. Do we have any legal standing in this situation or do we lose everything again? She will only allow us to rent to this brother who will then sub-rent it but if we rent it we loose it. What can we do?


Asked on 9/01/07, 1:48 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Trust and oldest brother the executor.

You have no rights in the property if it is in the name of mother. It is her property to do with as she pleases.

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Answered on 9/04/07, 10:08 am
Randy Lish Randy M. Lish, Attorney at Law

Re: Trust and oldest brother the executor.

It may help to remind your mother that if she sells it to your husband's brother for less than fair market value, she has made a gift, and the IRS is her silent partner. This means that at the least, she will need to file a gift tax return claiming part of her lifetime exemption, and if the property is over $2,000,000, she will need to pay a gift tax on the portion of the gift over that amount. This is about the only leverage you have, as your mother-in-law owns the property, and can gift it, sell it or leave it to whomever she wishes.

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Answered on 9/04/07, 10:40 am


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