Dad's Estate?

Question

I am paying real property taxes on my late Father's estate and some guy has placed animals, farm equipment on the land without my permission. He states, someone in my family allowed him to put his equipment on the property. Is it in my right to take him small claims or a higher court.

Answer 1

If you are the executor of your father's estate, then you have the right to rescind the permission to keep equipment there. If you are not the executor, then the executor can have him remove the animals and other property.

If it was "someone in your family" and they were speaking to him after your father passed away, they don't have the authority to allow him to keep the animals and other property there unless they have been appointed the executor of the estate.

I suggest you ask your attorney for more specific information. If you need an attorney and don't have one, contact your local or state bar association for a referral.

Answer 2

Well, there's value to the storage and certainly the pasture use if the animals are grazing the land. Who is the family member who gave him permission? Figure the value lost by him using the place for free ( X amount of animals x month x acre of pasture, storage of $50 per month, etc) and tell the family member you're going to ask the executor to subtract that from their share of the estate... bet the stuff is gone by Monday!!

You can't take him to court at all if the property is in estate and one of the heirs gave him permission to use it, unless the executor specifically forbids that action, then it still comes back to the heir as a damage, not the guy using the land.

Make sure you keep track of what you are paying out while waiting for the estate to settle, that is an expense of the estate and it should be reimbursed to you above and beyond your share of the settlement, not as part of it. Good luck, get after your executor and tell them to get this over with before it gets any worse!!

Answer 3

I would think you'd have the right to tell him to remove it, and if he doesn't, the stuff is yours. Then he'd have to take you to court to get it back :)

Seriously though, get the executor of the estate involved, because it is his duty to maintain the value of the estate until the estate is disbursed to heirs. He should be able to get the police involved.

Answer 4

only the executor of the estate can make a deal like that if the estate is in probate then it has to be approved by the judge there should be a paper trail if is statement is true.

Answer 5

Ask him who find out if they had a right and ask him for a contract or any other paperwork

Answer 6

watch out for squatters right get it off

Answer 7

Call the shreiff and have him thrown off...