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Posted: 11/12/2023 6:45:00 PM EDT
Let's say my dad owns hunting property and has three kids. I'm the only one who hunts or has any interest in the property, but for me to get 100% would be unfair.

Is there a way to hand down property with a legally binding stipulation that if i ever sell it, i would have to distribute the earnings between me and each of my siblings, minus taxes and other value enhancing expenses I've paid into it?

Thanks.
Link Posted: 11/12/2023 6:54:33 PM EDT
[#1]
Link Posted: 11/12/2023 7:45:44 PM EDT
[Last Edit: JonnyVain] [#2]
How are taxes paid?  How is it decided when to sell?

So if three are on the title, what stops two of them from deciding to sell?

Edit: really i just want to know if there's a way to do what i asked. The other two don't want it, but Dad wants to keep it in the family and isn't selling it himself.
Link Posted: 11/12/2023 7:51:14 PM EDT
[#3]
Talk to your wills and estates attorney, put it in a trust and include your stipulations.  Talk to your attorney about what to do if one of the kid remarries, if you want to pass to your kids vs 2nd wife.


Adding to the title puts the property at risk of one kid has a bankruptcy, sued, etc.  Talk to an attorney and do it right.
Link Posted: 11/12/2023 7:51:23 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JonnyVain:
How are taxes paid?  How is it decided when to sell?

So if three are on the title, what stops two of them from deciding to sell?
View Quote


Nothing.
In fact, one of the three could file suit to force sale, and the courts might agree with it.
Link Posted: 11/13/2023 12:14:03 AM EDT
[#5]
Also need to consider next generation in the trust specifications - if the property is preserved for you to hunt and you end up with some kids that also hunt, does the trust continue for the next generation or does it have to be sold when you die?
Link Posted: 11/18/2023 10:25:22 PM EDT
[Last Edit: 545days] [#6]
I have a 0.0004% undivided interest in a 40 acre parcel in south Mississippi that I have never seen.  Hundreds of other people, most of whom I have never met, also hold undivided interests.  The only reason that I am even aware of my ownership interest is that an oil company sends me a check of about $1.25 or so every year in royalties.  Maybe if I saved a decades worth of checks I could buy a fast food lunch.

This is what happens when rednecks die without a will and property is left with multiple owners over several generations.  Don't do this.

Edit 12/25.
Correction.  I just received my annual check and it was for a whooping $4.80.  I am clearly living large off vast inherited oil royalties.
Link Posted: 11/20/2023 1:50:15 AM EDT
[#7]
More than likely have to buy the other two out.
Link Posted: 11/22/2023 8:40:09 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By olivers_AR:
Talk to your wills and estates attorney, put it in a trust and include your stipulations.  Talk to your attorney about what to do if one of the kid remarries, if you want to pass to your kids vs 2nd wife.


Adding to the title puts the property at risk of one kid has a bankruptcy, sued, etc.  Talk to an attorney and do it right.
View Quote

This!

Have it put into a trust with stipulations. A good real estate attorney can make sure it it protected from forced sale, bankruptcy of 1 party, etc.
Link Posted: 11/26/2023 10:16:24 PM EDT
[#9]
Would it be an option to give the land to you and divide up some other assets that equal the value of the land to the other siblings?

That is assuming other assets are available and all would agree
Link Posted: 11/28/2023 4:30:56 PM EDT
[#10]
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