Father and son farmed together for life. The father remarries but the wife lives in another state. She has father declared incompetent and sells off the famly farm leaving the son out in the cold. Does the son have any legal recourse? -- The will of the father made prior to the incompetncy verdict states that the son will get the entire farm upon hte father's death.
2007-03-16 04:30:36 · 10 answers · asked by what can i do 2 in Politics & Government ➔ Law & Ethics
...your case has many technicalities, i would suggest that you better see a lawyer for much professional advice.
2007-03-16 04:42:58 · answer #1 · answered by Anonymous · 0⤊ 0⤋
On your facts, there isn't much that can be done.
The Will is irrelevant until it is probated, since your father could regain his competence and change it any time prior to his death.
The partnership doesn't exist without a clear agreement. It seems that father and son agreed to share the work and the profits, but I doubt the courts would assume that the land itself was part of the partnership. Father could have deeded part or all of it to you while alive, or formed an actual legal entity that owned the land and transferred part ownership of that to you, but if the Will means anything at all, it only means he meant you to have the land after he died, not while he was still working it.
Some unlikely avenues are that you could challenge the incompetency, challenge her being named conservator, or seek the value that you added to the farm for which you were not compensated. Adverse Possession is out, you worked it with permission.
2007-03-16 04:41:18 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
They can indeed be partners in the Limited Partnership if the farm is set up as a Limited Partnership legally. In this scenario, the spouse has full control over the husbands legal assets and unless the son is on the deed to the farm he has no recourse. The will does not apply because the father is not deceased.
2007-03-16 04:38:48 · answer #3 · answered by Sane 6 · 1⤊ 0⤋
A limited partnership is a legal definition which has be recorded. If the property was in the father's name, it doesn't matter how involved the son was in the running of the farm. Legally, once the wife has power of attorney to run the father's affairs, she can do what she wants - although the son can sue in court, it would only be to protect the interests of the father, not his own.
2007-03-16 04:38:40 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If the father and son had formally set up the family farm as a business in the first place, I could not see how the new wife could interfere. The laws vary from state to state, so I'd recommend seeing an attorney, one that specializes in probate & estates.
2007-03-16 04:38:02 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Yes, nothing can be 'considered' a limited partnership - that is a legal status a business obtains with paperwork and state recordings.
Lawsuit is your recourse. I'm very sorry. It sounds awful.
2007-03-16 04:39:56 · answer #6 · answered by cassandra 6 · 0⤊ 1⤋
Your assessment is actual. the closest you will locate is quite Catholicism, which in fact is poorly disguised Paganism and not quite Christian. to understand this one desires in basic terms to look at their rules and practices in terms of direct scriptural edicts (do no longer worship angels saints and so on., do no longer bow right down to graven photographs, call none father however the father in Heaven, one is stored by grace no longer works, and so on.). In Catholicism they even circulate so some distance as to %. so called "consumer saints", similar to the pagan prepare of choosing consumer deities (in fact stolen at as quickly as from them). All that declare to be Christian are actually not Christian you comprehend them by their "end result", in basic terms like each and every person that calls themselves "pagan" or "witch" (or despite label is handy to them) wisely represents those people. A pagan can call themselves a Christian all they choose ,yet their actual colorings will prepare. P.S. i did no longer get to respond to yet another question and can prefer to characteristic my 2 cents. The extra ardently a individual on your existence tries to transform you the extra you may understand which you're enjoyed. Many new Christians of their zeal overlook that regularly they might desire to tell you approximately what has handed off of their existence and permit their new existence do the the remainder of the witnessing for them. As religious newborns they many situations fee off the place they are actually not arranged to circulate; what number situations do youthful infants choose desperately attempt to help do some thing they are actually not geared up to do yet? returned I say take it with the endurance which you would be able to for somebody that loves you very plenty and does not choose you to land up in eternal torment (by your guy or woman picking no longer God's i might upload). Firmly and gently tell them you already know that their heart is in the the perfect option place, and additionally you relish their undertaking and love for you, yet precise now you're actually not waiting to offer up living for your self and which you comprehend the place they are if and once you're arranged (assuming you reside that long). i'm hoping which could help.
2016-10-02 05:35:12 · answer #7 · answered by megna 4 · 0⤊ 0⤋
The son needs a good estate lawyer.
2007-03-16 04:34:13 · answer #8 · answered by bradxschuman 6 · 0⤊ 2⤋
it would have had to been set up legally as a limited partnership beforehand.
2007-03-16 04:32:54 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Yes, sue the *****. And quick before she spends the dough.
2007-03-16 04:41:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋