What options do my children have regarding inheriting my debt? How? 15 Answers as of August 07, 2015

My children inherited approximately 400 acres of farmland from their grandfather about 4 years ago and the estate will stipulates that their mother, his daughter, will receive any proceeds from this property while she is alive. The property consists of 200 acres of land with a house, with debt of about 79k, also 200 acres of crp land with debt of 15k. The mother is trying to take the property from them, what are their options?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
Mother has a life estate in the land but the children are the ultimate owners. There are cases where the terms of a will can be overturned by a court but they are very rare. You don't indicate why Mother is trying to obtain the land. There may be some legitimate reasons, such as one of the children is severely disabled and inheritance of this much property would cause problems with disability or medical benefits. But generally Mother would have no legitimate claim to the property unless all the children agreed to turn it over to her. And there could be some significant tax consequences to that action.
Answer Applies to: Nebraska
Replied: 8/7/2015
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
Unfortunately, there is not enough information here to answer your question, except to say that your children probably need to consult with an attorney who handles real estate and/or inheritance disputes. Key information will be how title is held to the property, and what exactly the mother is doing to try to take the property from them. There may be other questions, which can be addressed in an interview with an attorney. There are any number of attorneys on LawQA that should be able to assist your children. You can also check with the Bar Association in your county for a referral panel.
Answer Applies to: California
Replied: 8/7/2015
Ronald K. Nims LLC | Ronald K. Nims
The answer to this question depends on the terms of the will. Your children need to consult an attorney to interpret the will for them.
Answer Applies to: Ohio
Replied: 8/6/2015
Robert E. Giffin | Robert E. Giffin CPA
See an attorney.
Answer Applies to: Ohio
Replied: 8/6/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would need more details coming but it is unlikely that their mother is going to be able to disinherit them.
Answer Applies to: Michigan
Replied: 8/6/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You can sue the mother to probate court where the estate was probated and let the judge take it from there.
    Answer Applies to: Florida
    Replied: 8/6/2015
    S. Joseph Schramm | Joseph Schramm
    Without knowing the nature of the debt it would be hard to say whether your grandchildren will inherit it. Debts of the decedent (her, their grandfather) usually are charges against the estate and are paid from assets of the estate, not by the beneficiaries of the will (the grandchildren). Where necessary real property might have to be sold to pay for the debts. Some debts, like mortgages and real estate taxes, attach to the land and, when the land is conveyed they travel with the land unless the debts are satisfied. As for the part concerning the mother's right to receive the proceeds of the property, it is not clear what you mean. For example, proceeds could be referring to any income generated by the farm or it could refer to the money generated from a sale of part or all of the land. In any event, I assume your children are being advised by the attorney for the estate and he or she will probably take steps to prevent their mother from taking the property from them.
    Answer Applies to: Pennsylvania
    Replied: 8/6/2015
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Based on the facts you provided, the mother cannot take the property. Hopefully, it is all in a trust and the trustee can mediate. If not, start hiring lawyers.
    Answer Applies to: Oregon
    Replied: 8/6/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Much more information, and a review of pertinent documents, is required to properly answer your question.
    Answer Applies to: Oregon
    Replied: 8/6/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Your question is confusing. You ask about your debt, but then refer to debt on property that another get an income interest on. I urge you and/or them to seek counsel. The specifics of the details will have a bearing on the response. This forum is intended to let you know if an attorney think you need to hire an attorney. The answer is yes. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/6/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your children's responsibility for the debt on the assets and the mother's rights to take action now depend upon how the property was distributed at the time of the grandfather's death. Was the property put into a trust? If by trust, is the mother an income beneficiary under a trust? Did the grandchildren receive the property in a distribution by deed? If by deed, does the mother have a life estate? Typically, the party receiving a distribution in kind would take subject to whatever debt burdens the property. You need to review the state of title to the real estate and the grandfather's estate plan documents with an attorney.
    Answer Applies to: Illinois
    Replied: 8/6/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain probate litigation legal counsel for your children immediately to represent them in the protection of their inheritance rights.DO NOT DELAY.
    Answer Applies to: California
    Replied: 8/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You don't say how she is trying to take the property, but the question is too broad, and too important, to be addressed here. Please see an estate lawyer ASAP.
    Answer Applies to: California
    Replied: 8/6/2015
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    If the debt is not associated with the property, there may be a way to separate the assets so the debt is left behind. You should talk with an estate planning and asset protection lawyer to see what your options are.
    Answer Applies to: Florida
    Replied: 8/6/2015
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    Your information was a but confusing. From my understanding, Grandfather passed and left in a trust 200 acres to his grandchildren and the lifetime/income beneficiary is the daughter. Once daughter passes, the property will go directly to grandchildren. if this is the case, then daughter has the right to all income that the property earns. She is also required to pay all carrying costs, i.e., taxes and debt servicing. If she refuses to and the property value is being diminished, then the grandchildren (future beneficiaries) can sue for to force her to take care of it or to allow them to sell and get their share today. This is a general answer. A complete answer can only be given after review of the will/trust.
    Answer Applies to: New York
    Replied: 8/6/2015
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