Land Lease question

[shelbyman]

What is the name of your state? Minnesota

The Situation:
Two years before my father passed away he entered the land of our small farm into a land lease with a local farmer. The lease agreement also included a seperate plot of land that is not part of the farm. The lease term was for five years and specified a distinct amount be paid per year for each of the farm's land and the seperate plot (i.e. $900/yr for the farm, $1200/yr for the plot).

Before my father died, he deeded the farm to myself and my brother, but not the seperate plot.

My stepmother, who now "owns" the seperate plot by means of dual ownership with my deceased father, now claims that she also is the lawful recipient of the proceeds from the leasing of the farm's lands (which she doesn't own). The farmer says that my stepmother made it clear to him that she better get the money for both properties.

My question(s):
Is the lease agreement between my father/stepmother and the farmer even valid any more since he 1) is dead, and 2) they are no longer the owner of the farm property??

If the contract is still valid, do my brother and I have any legal recourse in obtaining the lease money for the land we legally now own??

 

[FarmerJ]

What are the leases provisons for adjustments in the rental payment ? also did the lease offer a way to cancel ? if not you cannot change the terms and will have to make sure the lease is not automatically renewed

 

[shelbyman]

Q: What are the leases provisons for adjustments in the rental payment?
A: As far as I know, there are no provisions for adjustments. But me stating this is problematic because my stepmother refuses to produce a copy of the lease and the involved farmer doesn't respond to my inqueries.

Q: did the lease offer a way to cancel?
A: Not (yet) having a copy of said lease I can't say.

 

[FarmerJ]

OK well as for the lease for the property your step mom doesnt own she has no right to collect rent on it . If you are now the registered owner of the farm your entitled to collect the rent . so if all is settled and there are no problems with probate I would gather you should be able to send the renter written notice that all rent payments for the farm ( land you now own ) are to be made to you , If payments arent made you will speak to a lawyer and have the lease terminated . Is the estate all settled ? you need to act now. Its finaly dry enough that if the renter is doing soybeans its now dry enough to cultivate /disc soil and he might have started planting or trying to do so in next few days . folks are going to be planting like mad up here now . Go talk with a local attorney any way just to make sure you make no errors in this matter especially if your dads death was recent .