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blur256

(979 posts)
Sun Apr 7, 2019, 08:44 PM Apr 2019

I don't know that this is the place to post this

But I feel like this fits in a way. So I grew up on my family farm in southwest Missouri. My great great grandparents homesteaded the land. My great grand parents built the house I grew up in. It is a beautiful 4 story brick house with a lot of land attached.
My father whose family it was that homesteaded the land died almost 10 years ago. When that happened my mom set up a trust for my brother and I. It said that I get the house and land surrounding and my brother gets the land down the road that has the school house my grandpa went to and the land surrounding that.
So between us (my brother and I) we have hundreds of acres of land.
But my mom is considering selling all of it. Which to some degree I get because she lives there all by herself now. But at the same time I can't imagine anyone else living in that house. Do I have options since it was put in a trust?
Part of the problem is that I'm married to another woman and Springfield is a cess pool of gay hating people. And my wife is a minister with no prospects out there because of that.
I'm just really trying to figure out options righ now. Any insight would be great. Thank you.


21 replies = new reply since forum marked as read
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I don't know that this is the place to post this (Original Post) blur256 Apr 2019 OP
When my mom died we gave the last acres she owned in the county applegrove Apr 2019 #1
Thank you blur256 Apr 2019 #3
Depends what type of a trust. Phoenix61 Apr 2019 #2
I'm not sure blur256 Apr 2019 #5
That would be a good idea. To become Phoenix61 Apr 2019 #11
Notarized copy? csziggy Apr 2019 #15
Yes, the UPS store usually has a notary Phoenix61 Apr 2019 #18
Read the message I responded to csziggy Apr 2019 #20
If your mother set up the trust she is the sole decider on what sinkingfeeling Apr 2019 #4
Thank you for that blur256 Apr 2019 #6
Only one I can think of is you and your wife buying the house from your mom. sinkingfeeling Apr 2019 #7
Me too blur256 Apr 2019 #10
Not true. If it's a revocable trust Phoenix61 Apr 2019 #19
Her mother set up the trust and her mother is still alive. sinkingfeeling Apr 2019 #21
I'm sure it's wonderful, but if you're not going to live there-- dawg day Apr 2019 #8
I want to live there so badly blur256 Apr 2019 #9
it will be tough mercuryblues Apr 2019 #12
I do appreciate that blur256 Apr 2019 #13
That's kind of heartbreaking-- dawg day Apr 2019 #17
If you and your mother are on good terms radical noodle Apr 2019 #14
Actually, just try posting this in the Lounge -- that's where everyone post personal stuff. eppur_se_muova Apr 2019 #16

applegrove

(118,577 posts)
1. When my mom died we gave the last acres she owned in the county
Sun Apr 7, 2019, 08:55 PM
Apr 2019

she was from, a valley my peeps had lived in for over 200 years, well we gave it to the local church. But we could afford to do that. Still it feels awful to be physically and finally cut off from a place you love. So I know where you are coming from.

blur256

(979 posts)
3. Thank you
Sun Apr 7, 2019, 08:59 PM
Apr 2019

The rub is that if she really does sell it I have family surrounding it. I have two cousins and an aunt and uncle there. So it would be our family surrounding someone living in my house. Ugh.

Phoenix61

(16,999 posts)
2. Depends what type of a trust.
Sun Apr 7, 2019, 08:56 PM
Apr 2019

If it's a revocable trust with you and your sins as trustees upon your mother's death, she can do whatever she wants.

Phoenix61

(16,999 posts)
18. Yes, the UPS store usually has a notary
Mon Apr 8, 2019, 08:38 AM
Apr 2019

on staff. They check the copy against the original then put their notary stamp and signature on the last page.

csziggy

(34,133 posts)
20. Read the message I responded to
Mon Apr 8, 2019, 09:06 AM
Apr 2019

You commented: " That would be a good idea. To become a trustee you'll need the original or a motorized copy."

sinkingfeeling

(51,443 posts)
4. If your mother set up the trust she is the sole decider on what
Sun Apr 7, 2019, 08:59 PM
Apr 2019

happens to her (inherited from your father) assets. She would have to have an attorney change the trust before she could sell any property already allocated in the current document.

Phoenix61

(16,999 posts)
19. Not true. If it's a revocable trust
Mon Apr 8, 2019, 08:42 AM
Apr 2019

She can do what she wants with it. Upon her death the trust will be executed by whoever she has appointed as trustee.

sinkingfeeling

(51,443 posts)
21. Her mother set up the trust and her mother is still alive.
Mon Apr 8, 2019, 09:36 AM
Apr 2019

She is not the trustee, but will be a benefactor after her mother passes.

dawg day

(7,947 posts)
8. I'm sure it's wonderful, but if you're not going to live there--
Sun Apr 7, 2019, 09:02 PM
Apr 2019

it might be best to let another family grow up in that house.

I hope your mother intends to leave the proceeds to you and your brother when she passes. But you don't want the house to be left vacant for years if she can't deal with it anymore.



blur256

(979 posts)
9. I want to live there so badly
Sun Apr 7, 2019, 09:06 PM
Apr 2019

I can find a job anywhere because of my background in communications and management. But I always told my wife we would go with her and I stand by that. So it just sucks all around.

mercuryblues

(14,526 posts)
12. it will be tough
Sun Apr 7, 2019, 09:11 PM
Apr 2019

to give up the family land. It sounds like you have no plans to ever live there, so when your Mother passes on the house will fall in disrepair. So what is the better option? Selling it to a family to make their own happy memories or leaving empty?

I actually think a compromised can be made. Let you mother sell the house and most of the land. Pick some acreage to build a smaller, more easily kept up home and that goes to you to use for vacations.

If she doesn't want to live there anymore just ask for acreage for you to build a cabin on.

blur256

(979 posts)
13. I do appreciate that
Sun Apr 7, 2019, 09:17 PM
Apr 2019

But honestly it is the house I am attached to. I have been through a lot there and even at 37 it is still my home.

dawg day

(7,947 posts)
17. That's kind of heartbreaking--
Mon Apr 8, 2019, 12:48 AM
Apr 2019

it's linked to your memories of those who have died, and happy memories of childhood, and the long family history. It's going to be very hard to lose it.

Is there a chance the family-- your brother, your cousins-- can make your mom an offer? She might well accept much less if she knows someone in the family will be taking care of it. How is she fixed financially?

Consider her viewpoint. She probably wants to get out from under the work of taking care of the house and land, and also she probably wants some money to be secure. You might be able to persuade her to sell to family, or lease it back to you, so that she has an income or some capital, and someone else will take care of the house.

You might talk to her about this. A long time ago, my parents sold a house that wasn't anything special, but it was home for me. They did it because they needed the money. IF they would have told me and my brothers, we might have managed to buy them out... but they were ashamed and so did it quickly.
Talk to your mother-- lovingly-- she might be willing to discuss some options. What does she want out of this, what would make her happy? It might not have to be a million dollars.

radical noodle

(8,000 posts)
14. If you and your mother are on good terms
Sun Apr 7, 2019, 11:28 PM
Apr 2019

is there a compromise you can work out with her? If she wants to get out, perhaps you can help with that in exchange for her not selling the house. Another option might be for her to keep the house and a few acres for you and your brother and sell the rest. It doesn't have to be all or nothing with so many acres involved. I'd guess that the farm ground is worth much more than the house.

eppur_se_muova

(36,256 posts)
16. Actually, just try posting this in the Lounge -- that's where everyone post personal stuff.
Mon Apr 8, 2019, 12:16 AM
Apr 2019

You're sure to get more eyeballs there.

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