Life Estate and a business and other disasters

[Ohiogal]

I have no problem with that.
The problem I have is with the attorney telling my customers that he is in charge of the business and that all boarding fees are to be sent to him.

The boarding is on HIS property. The horses are on HIS property. In HIS barns. In HIS stalls. Therefore these people owe HIM boarding fees for using HIS proeprty. Therefore he is in charge of the barns and stalls and boarding on HIS property. If you wanted your business to remain there, then you should have arranged to use HIS property by entering into a contract with him. You can tell him not to use YOUR business name or affiliate himself with YOUR business but YOUR business has NO rights on HIS property.

 

[CodeMonk]

The boarding is on HIS property. The horses are on HIS property. In HIS barns. In HIS stalls. Therefore these people owe HIM boarding fees for using HIS proeprty. Therefore he is in charge of the barns and stalls and boarding on HIS property. If you wanted your business to remain there, then you should have arranged to use HIS property by entering into a contract with him. You can tell him not to use YOUR business name or affiliate himself with YOUR business but YOUR business has NO rights on HIS property.

All horses are in pens. Portable pens.
They are not permanent structures nor are they part of any permanent structure.

 

[justalayman]

so they are outside all the time?


Where do you get water from? Do you pay the attorney for the use of his land? where do you store the feed?

You are really missing the big picture here. You having your business on the attorneys property is preventing him from using the property as he wants to use it and without you paying a cent for that use.

 

[LdiJ]

I have no problem with that.
The problem I have is with the attorney telling my customers that he is in charge of the business and that all boarding fees are to be sent to him. That's as of August 1st
And with the crap economy and the fact that hay prices are double what they were a little over a year ago (Actually around April of last year).
Everything else went way up as well.
I have been living month to month. And with the attorney trying to get next months boarding fees from my boarders, I'm gonna be flat broke in about 2 weeks. I mean flat broke. Top Ramen will become a gourmet meal for me.

Realistically, you do not have a business without a place to board the horses, and you no longer have that place. Realistically you have the right to remove any property that belongs to you from that land. Realistically you have the right and obligation to inform your customers that you no longer have any right to the property, that you will be removing your property from the land, and that they have the right to either remove their horses or make an arrangement with the new owner.

I suspect that the preference of the attorney will be for the horses to be removed. Its really unlikely that the attorney wants to deal with all of the trials and tribulations of boarding horses...particularly if you remove your property. Its most likely that the attorney intends to sell the property. However unless your customers are stupid, the attorney is going to have one heck of a mess and liability to deal with if any of them stay and actually pay him boarding fees....because of course, you will be gone.

 

[nextwife]

All horses are in pens. Portable pens.
They are not permanent structures nor are they part of any permanent structure.

The portable pens are sitting on HIS property, rent free, the past year with you making no move to move anything, including yourself..

Truly, if your business could barely get by with FREE rent, it is not a viable business. The fact that you have zero money indicates you are operating at barely break even with no rent. Once you need to start paying rent, it may not be sustainable.

Have you done ANY number crunching or budget review to see what happens once the business needs to start paying rent somewhere? Pay for water, for example, somewhere, etc?

Had you ever even attempted entering into an agreement to pay rent to keep the business there?

 

[CodeMonk]

so they are outside all the time?


Where do you get water from? Do you pay the attorney for the use of his land? where do you store the feed?

You are really missing the big picture here. You having your business on the attorneys property is preventing him from using the property as he wants to use it and without you paying a cent for that use.

Yes, they are outside all the time, but the pens do have a roof covering about half the pen.
Water comes from the water faucet and a hose. I pay for that water, as well as all the utilities on the property.
Feed is stored on the property.

The attorney wants to use the property and run a boarding stable on it.

And as I said before, I would have no problem paying for use of the land, but he doesn't want that.
He wants to take over the fully functioning business

The portable pens are sitting on HIS property, rent free, the p[ast year with you making no move to move anything.

Truly, if your business could barely get by with FREE rent, it is not a viable business. The fact that you have zero money indicates you are operating at barely break even with no rent. Once you need to start paying rent, it may not be sustainable.

It could be sustainable once I get more horses here

Have you done ANY number crunching or budget review to see what happens once the business needs to start paying rent somewhere? Pay for water, for example, somewhere, etc?

See above, I pay for ALL utilities


Had you ever even attempted entering into an agreement to pay rent to keep the business there?

\\\

Realistically, you do not have a business without a place to board the horses, and you no longer have that place. Realistically you have the right to remove any property that belongs to you from that land. Realistically you have the right and obligation to inform your customers that you no longer have any right to the property, that you will be removing your property from the land, and that they have the right to either remove their horses or make an arrangement with the new owner.

I suspect that the preference of the attorney will be for the horses to be removed. Its really unlikely that the attorney wants to deal with all of the trials and tribulations of boarding horses...particularly if you remove your property. Its most likely that the attorney intends to sell the property. However unless your customers are stupid, the attorney is going to have one heck of a mess and liability to deal with if any of them stay and actually pay him boarding fees....because of course, you will be gone.

The Attorney wants to run a boarding stables
He WILL fail. I can almost 100% guarantee that.

 

[Ohiogal]

All horses are in pens. Portable pens.
They are not permanent structures nor are they part of any permanent structure.

Let me state slowly -- they are on HIS property. Move the pens and the horses. Oh yeah, you said you couldn't do that. It is HIS property that you are using.

 

[CodeMonk]

Let me state slowly -- they are on HIS property. Move the pens and the horses. Oh yeah, you said you couldn't do that. It is HIS property that you are using.

Ok, I will try this again.
The pens are portable.
According to the court records, the attorney gets the land and the permanent structures ONLY
The attorney even stated in the court papers that he only wanted the permanent structures and had no interest in the portable/movable/mobile stuff.
Apparently now he has changed his mind.
The pens, being portable are not considered permanent structures.
I am allowed to keep whatever is not permanent. That included the pens. Among other things, like a horse trailer, which is in my name BTW.

 

[Ohiogal]

Ok, I will try this again.
The pens are portable.
According to the court records, the attorney gets the land and the permanent structures ONLY
The attorney even stated in the court papers that he only wanted the permanent structures and had no interest in the portable/movable/mobile stuff.
Apparently now he has changed his mind.
The pens, being portable are not considered permanent structures.
I am allowed to keep whatever is not permanent. That included the pens. Among other things, like a horse trailer, which is in my name BTW.

Then you should have REMOVED THEM. Go remove them now. You are being stubborn to be stubborn. GO MOVE YOUR PROPERTY OFF OF HIS LAND. Do it ASAP. That way you don't have a problem. And before you say you have no place to put it -- not our problem and NOT his problem.

 

[justalayman]

The pens are portable.

then remove them from the attorney's property

According to the court records, the attorney gets the land and the permanent structures ONLY

great, so move your possession from his property

The attorney even stated in the court papers that he only wanted the permanent structures and had no interest in the portable/movable/mobile stuff.

great then it shouldn't be a problem with you removing them

Apparently now he has changed his mind.

Oh well.

The pens, being portable are not considered permanent structures.

great, then mobile those pens right on out of there.

I am allowed to keep whatever is not permanent. That included the pens. Among other things, like a horse trailer, which is in my name BTW.

so move all that stuff to your property and you will be done with this nightmare.

 

[justalayman]

And before you say you have no place to put it -- not our problem and NOT his problem.

maybe she could sell the stuff to the attorney who wants to operate a boarding operation for horses.

 

[justalayman]

=CodeMonk;3078559]Yes, they are outside all the time, but the pens do have a roof covering about half the pen.
Water comes from the water faucet and a hose. I pay for that water, as well as all the utilities on the property.
Feed is stored on the property.

you pay for the water? Who pays to maintain the well?
do you pay rent for the building the feed is stored on?

The attorney wants to use the property and run a boarding stable on it.

How convenient

And as I said before, I would have no problem paying for use of the land, but he doesn't want that.
He wants to take over the fully functioning business

well, that is up to you whether he does or doesn't.

\\\

The Attorney wants to run a boarding stables
He WILL fail. I can almost 100% guarantee that.

then you will have the last laugh. I suggest removing all of your personal property from the ranch so he can get started failing.


btw: unless your fathers estate has been probated, the stuff is NOT YOURS.

What I suspect is happening is the lawyer told you to leave long ago so he can start up his boarding stable and has grown tired of your excuses of why you won't or don't have to remove your property. As such, he is simply stepping in and starting his stable and pushing you out of the way.

 

[Ohiogal]

maybe she could sell the stuff to the attorney who wants to operate a boarding operation for horses.

Good idea for the OP to consider. Though I was thinking OP was male and not female.

 

[justalayman]

Good idea for the OP to consider. Though I was thinking OP was male and not female.

s/he seems kind of whiny and a stomp your feet when you don't get your way kind of person. I tend to associate that more with a female than a male. sorry.

 

[Ohiogal]

s/he seems kind of whiny and a stomp your feet when you don't get your way kind of person. I tend to associate that more with a female than a male. sorry.

I don't know too many females who refer to themselves as monks. Guys usually do. CodeMonk is the name, whining is HIS game.If it was codenun I would go with female. Though I guess it could be a confused female -- maybe a crying game thing?