Will I inherit my dad's portion of his parents farm when e dies

6 views 4 answers
187 acre farm ownd by my grandparents

Attorney Answers

4
James Bart LeonardiProbate AttorneyWestlake, OH ·
There is no possible way to answer your question. It depends on many things; how is the land titled, is there a will, does your dad have a surviving spouse, do you have siblings, etc.
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Michael Haber ·
Mr. Leonardi gives you good advice. Your father is free to Draft a will. That will is likely to include you as a beneficiary. But there is no guarantee, because a parent is at liberty to disinfect an adult child. Whether your father inherits any portion of his parents' property will depend on his surviving them; and on what their wills say (or, perhaps, what the will of the surviving grandparent says); or upon whether one or both of your grandparents dying intestate. The possibilities and the number of possible variables are many, and may also include which family members survive each decedent. Bear in mind also that even if all of those concerned (your father and each of his parents) all have wills, each person is legally entitled to change his or her will at any time or to revoke a will. Another factor, of course, is how the real property is held -- if a joint tenancy with right of survivorship, then the will of the survivor will dictate, in part, what will happen. If your father and your grandparents are alive and well, it's way too early to be counting the chickens on the farm. Good luck to you.
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David Julian SmithChapter 7 Bankruptcy AttorneyFairborn, OH ·
Both answers already given are great. There needs to be more information to give you a good answer. Whether your father has an interest in the property now or will gain an interest in the future is one question. Whether you father will leave property to you in his will is another question. Whether your grandparents and father have a will and whether you survive all of the parties is another issue that must be known. Figuring out how the property is titled now will give you a starting point. Then seeing if the parties have will - this can give you a better idea as to how things will play out when the time comes.
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Monica Williams ·
Do you have a crystal ball? The answer to your question lies far in the future. As my colleagues have previously and correctly pointed out, the answer depends on a host of facts, which determine 1 whether your father inherits the farm or any portion of it at all, and 2 whether he wills it or otherwise transfers it to you. You seem sure your dad will receive a portion of the farm. Be warned farms can be difficult inheritances if split among siblings, especially if one sibling actually farms the land and wants the farm. The only option for him/her would have to buy out the others. I have seen that happen in central Ohio. It is expensive and causes bad feelings. Also, 187 acres is relatively small for a farm these days. If the land has potential development it may be likely the farm would be sold. If your father had a monetary portion, any inheritance to you is up to him. It is your grandparents' decision to do estate planning now. Perhaps they already have a plan, or their farm is in an LLC. I wouldn't count any chickens yet.
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