Family Property "Covenant" legally binding for heirs of siblings who signed document?

[susannahjolly]

Family Property "Covenant" legally binding for heirs of siblings who signed document?

What is the name of your state? Texas, but document was executed in Mississippi.
Details: Eight elderly brothers and sisters drew up a "covenant" to maintain their family property, basically in perpetuity, disallowing any disposition of the property until all original sibling participants are dead. My father-in-law, now deceased, signed the document and now his surviving siblings and some of their adult children are browbeating the children of the now deceased siblings for maintenance money for the property's taxes and upkeep. We are not interested in the property's upkeep, nor are we interested in trying to force a sale, or in any profits from such a sale. We do not believe this "covenant" is enforceable against anyone but the surviving original signers. Are we in any way legally bound by a legal document not signed by us?

 

[BelizeBreeze]

What is the name of your state? Texas, but document was executed in Mississippi.
Details: Eight elderly brothers and sisters drew up a "covenant" to maintain their family property, basically in perpetuity, disallowing any disposition of the property until all original sibling participants are dead. My father-in-law, now deceased, signed the document and now his surviving siblings and some of their adult children are browbeating the children of the now deceased siblings for maintenance money for the property's taxes and upkeep. We are not interested in the property's upkeep, nor are we interested in trying to force a sale, or in any profits from such a sale. We do not believe this "covenant" is enforceable against anyone but the surviving original signers. Are we in any way legally bound by a legal document not signed by us?

Is the proprety listed in the deceased's will? The simple fact is, unless the property is held in trust or other non-revocable instrument controlled outside of probate, a third party is not controlled by the agreement.

So, how about a few more facts?

 

[seniorjudge]

Is the proprety listed in the deceased's will? The simple fact is, unless the property is held in trust or other non-revocable instrument controlled outside of probate, a third party is not controlled by the agreement.

So, how about a few more facts?

I agree with all of the above.

I want to add that if y'all have some kind of interest in this property, then have the others buy you out.

 

[susannahjolly]

Family Property "Covenant" legally binding...

The property was not listed in my father-in-laws' will, probated 14 years ago, and no trust exists. Only the document agreement signed by the siblings for maintaining the property. Whether or not the "covenant", as they call it, qualifies as a "non-revocable instrument", I don't know.

 

[seniorjudge]

The property was not listed in my father-in-laws' will, probated 14 years ago, and no trust exists. Only the document agreement signed by the siblings for maintaining the property. Whether or not the "covenant", as they call it, qualifies as a "non-revocable instrument", I don't know.

I don't know (without reading the document) whether the thing is valid or not, but it certainly puts a cloud on the title to the real estate.

 

[BelizeBreeze]

The property was not listed in my father-in-laws' will, probated 14 years ago, and no trust exists. Only the document agreement signed by the siblings for maintaining the property. Whether or not the "covenant", as they call it, qualifies as a "non-revocable instrument", I don't know.

Then you need to have a real estate attorney review the original document to determine if it is valid and if not, why it was not probated.

 

[susannahjolly]

Family Property "Covenant" legally binding...

Is it proper etiquette to post a document on this site, names removed?

 

[BelizeBreeze]

Is it proper etiquette to post a document on this site, names removed?

who cares if it's proper or not. If you have the document then post it.

 

[seniorjudge]

Is it proper etiquette to post a document on this site, names removed?

Remove the identifying info.


EDIT: Oh, and tell us if this document is recorded in the land deed records or if it is filed with any court, etc.

 

[tranquility]

I believe the rule against perpetuities is valid in Mississippi. (Although I think it can be gotten around if there is a provision that the trust (or whatever) can end on the vote of the holders.)

 

[BelizeBreeze]

I believe the rule against perpetuities is valid in Mississippi. (Although I think it can be gotten around if there is a provision that the trust (or whatever) can end on the vote of the holders.)

That's what we're trying to get to. If this is a contract or a trust (or other type of controlled document)

 

[tranquility]

My little memorization string started, "Any interest...", or was it "No interest", anyway I think it meant all or no things in whatever form which was an interest. So, what difference is there between a contract or a trust or any type of dealing in this instance? While this may not be a strictly RAP issue, there is a concommittant rule against restriction of alienation. (Which is the same type of thing--we don't like dead people controlling property forever.)