Life Estate and a business and other disasters

[CodeMonk]

California

Don't know if this is the correct sub-forum, but its the closest one I see here.


My dad was living in his house under a Life Estate.
My Ex-Stepmothers divorce attorney is the Remainderman.
My dad passed away after me taking care of him for 2+ years.
I also took care of the ranch during that time and since his passing.

The attorney has now come forward to claim the property. He gets the property and any permanent structures, but not the business (My dad left no will that I have been able to locate though. But as his only child, I assume it would go to me. He told me he wanted it to go to me, and I do have witnesses to that), which is on the property (horse boarding stables).
The attorney came by last week and told several of the customers that he was now in charge of the property AND the business. And he did so without first talking to me. He is not a horse person. Not to be insulting, but when it comes to their horses, horse owner are VERY finicky and sometimes difficult to deal with. But I have been around it my whole life, so its normal to me.
Well, I guess the attorney didn't come across very well because now 2 of them just moved out, after being here for over 20 years. They just didn't feel comfortable with this "new guy". I can also assume, with some authority, that they would likely have been here another 5 - 10 or even 20 years. We have (not in the had category yet) a few customers that have been here for nearly 25+ years and with 2 - 3 horses over that time, so my assumption is not without merit. And in this business getting another horse when one dies and staying at the same boarding stables is very common.

The business was already on a razors edge.
These 2 leaving puts me out of business.
And I suspect that there will be others that will leave.

I have read the court proceedings and to me, it appears pretty damn clear that the business, while on the property, was NOT part of the settlement.
I'm guessing this attorney is assuming I am just going to accept what he says as gospel and bend over.
I don't think so.
This attorney does have a bit of a reputation around here for being less than 100% ethical and/or moral.

This attorney, thinking he was just going to get it all has destroyed my business.
My budget has been a struggle month to month (hay doubling in price, literally overnight, a little over a year ago really messed me up).

So at this point, I am considering something I have never ever considered before.
Lawsuit for lost wages and loss of future income.

Thoughts?

Thank you

 

[justalayman]

(My dad left no will that I have been able to locate though. But as his only child, I assume it would go to me. He told me he wanted it to go to me, and I do have witnesses to that),

witnesses don't mean a thing here. With no will, the laws of intestate succession will rule.

I have read the court proceedings and to me, it appears pretty damn clear that the business, while on the property, was NOT part of the settlement.
I'm guessing this attorney is assuming I am just going to accept what he says as gospel and bend over.
I don't think so.

I suspect you need to pack up the business (after obtaining an appointment as personal representative of your fathers estate) and move it elsewhere. The property now apparently belongs to the attorney so while he does not have a claim to the business, you have no right to continue the business on that property without permission from the owner of the property.

Lawsuit for lost wages and loss of future income.

Who are you going to sue? You? The owner of the land controls his land. You own (or will own) the business (presumably based on the little info you have given). Unless there is a lease that is in place that allows the business to continue at that location, you have no claim against the attorney.

 

[OHRoadwarrior]

Absent a lease, obligating the attorney to allow you to continue renting/leasing his stables, the business is yours in name only. He is continuing the rental/leasing of stables on his property. You appear to have the right to pack up dads business property (IE office supplies), and leave. If you want any customers for your new business, I suggest you obtain stables and other infrastructure fast, before the attorney signs the customers into contracts.

 

[CodeMonk]

witnesses don't mean a thing here. With no will, the laws of intestate succession will rule.


I suspect you need to pack up the business (after obtaining an appointment as personal representative of your fathers estate) and move it elsewhere. The property now apparently belongs to the attorney so while he does not have a claim to the business, you have no right to continue the business on that property without permission from the owner of the property.


Who are you going to sue? You? The owner of the land controls his land. You own (or will own) the business (presumably based on the little info you have given). Unless there is a lease that is in place that allows the business to continue at that location, you have no claim against the attorney.

I realize I will have to move the business.
But, with the attorney telling my boarders that HE is now in charge of the business and telling them to send the boarding checks to him just seems to be all kinds of wrong to me. He is basically telling my boarders that HE DOES have a claim (and ownership) of the business when he does not
We use portable corrals to keep the horses. Those are mobile and can be moved anywhere. Leaving no pens or any place for horses to be
housed".
The word mobile was actually used in the proceedings stating that whatever is mobile, stays with the business.

 

[nextwife]

How long ago did Dad pass, and what had YOU done to move the business and advise the clients of the location change, and proceed to take whatever moves were necessary to legally remove the boarded horses to a new leased location?

 

[CodeMonk]

How long ago did Dad pass, and what had YOU done to move the business and advise the clients of the location change, and proceed to take whatever moves were necessary to legally remove the boarded horses to a new leased location?

Its been just a little over a year.
And sadly, I have not done anything to move the horses out yet.
I really don't have that option. Lack of funds being a major contributor.
And at this point, moving all the horses may be pointless as I'm sure some of the other boarders are going to move out.
There won't be anyone (Or very very few) left to move anyway.
With the 2 horses just moving out this morning, I'm not even sure I can make all my utility payments next month.
I need an absolute minimum of 7 horses to keep afloat. With those 2 gone, I'm left with 5.

And I just took another look through the court documents.
In it, my dad states that he wants the business to go to me.
Is that good enough?
Forgive me for missing that, but I haven't been sleeping all that well lately.

This attorney took most of what was supposed to be my inheritance. And now he wants the take the rest of it.
And the inheritance is not an unearned one.
I spent many many hours, days, week, months, helping my dad set this place up when he first moved here.

 

[OHRoadwarrior]

It appears what equity the business had, you just sat by and watched dribble away. That is not the attorneys fault, it is yours. Businesses don't run themselves.

 

[justalayman]

CodeMonk;3078507]Its been just a little over a year.

have you dealt with your father's estate through the probate courts?

And I just took another look through the court documents.

what court documents?

In it, my dad states that he wants the business to go to me.
Is that good enough?

by virtue of you being the only heir, unless there are partners or the business is incorporated, it is likely you will inherit the business and all of its affairs even without a will stating so.

This attorney took most of what was supposed to be my inheritance. And now he wants the take the rest of it.

how do you even make that claim? Dad transferred ownership of the ranch to the lawyer via the deed. I suspect the lawyer, somewhere along the line, provided dad with some sort of compensation for that transfer.

 

[ecmst12]

You are going to need to go through probate to get the business transferred into your name.

Have you contacted your customers to discuss the issues with them and find out why they decided to move?

 

[ecmst12]

Also, I can't believe that in all this time, you haven't done ANYTHING, you haven't attempted to negotiated with the landowner to keep your business there, you haven't looked into NEW locations for the business if that doesn't work out, you haven't gotten probate started, nothing! If you're as attentive to your customers as you are to your legal issues, then perhaps the landowner has nothing to do with why your customers are leaving.

 

[CodeMonk]

have you dealt with your father's estate through the probate courts?


what court documents?

by virtue of you being the only heir, unless there are partners or the business is incorporated, it is likely you will inherit the business and all of its affairs even without a will stating so.


how do you even make that claim? Dad transferred ownership of the ranch to the lawyer via the deed. I suspect the lawyer, somewhere along the line, provided dad with some sort of compensation for that transfer.

Court documents were the divorce proceedings.
My (ex) Stepmother paid her attorney fees by giving him her interest in the property.
So my dad did not exactly "willingly" transfer the ownership to that attorney.
I guess my Ex Stepmother had a better attorney than my dad did.

Also, I can't believe that in all this time, you haven't done ANYTHING, you haven't attempted to negotiated with the landowner to keep your business there, you haven't looked into NEW locations for the business if that doesn't work out, you haven't gotten probate started, nothing! If you're as attentive to your customers as you are to your legal issues, then perhaps the landowner has nothing to do with why your customers are leaving.

I didn't even know who the hell the owner was until a few weeks ago and didn't know how to find out.
I haven't looked for new locations because I am just barely getting by as it is.

And I know that the customer this morning left because of that attorney because thats what they told me.
They said they would love to move back as long as he wasn't here.

You don't know me and how I run my business, and to insinuate that I may be the reason that they left I find VERY insulting.
I am VERY attentive to my customers. I bust my ass to keep them happy. I even go without things I need (like food), so their horses don't have to.
I came here for help and advice during a VERY VERY stressful time, not to be insulted.
Maybe I came to the wrong place.

 

[nextwife]

Court documents were the divorce proceedings.
My (ex) Stepmother paid her attorney fees by giving him her interest in the property.
So my dad did not exactly "willingly" transfer the ownership to that attorney.
I guess my Ex Stepmother had a better attorney than my dad did.

That would have only vested the attorney with a half interest.

Have you reviewed title as it reads NOW? LOts of time has likely passed since the divorce. You should be dealing legally with CURRENT status, not what happened in the divorce. And, you should have long ago gotten off your duff and DONE something about whatever inheritance you were supposed to have. You could have even potentially purchased the business from dad long ago, which would have rendered probate on that irrelevent, since you were already working in it.

 

[CodeMonk]

That would have only vested the attorney with a half interest.

Have you reviewed title as it reads NOW? LOts of time has likely passed since the divorce. You should be dealing legally with CURRENT status, not what happened in the divorce. And, you should have long ago gotten off your duff and DONE something about whatever inheritance you were supposed to have. You could have even potentially purchased the business from dad long ago, which would have rendered probate on that irrelevent, since you were already working in it.

No, I have not seen the new title, but the court papers stated that the attorney gets the entire property when my dad dies.
Actually, my ex stepmother was to get them, and in the event of her death, the attorney would get everything. And she died about 7 - 8 years ago.

The business was not part of the divorce agreement, only the land and the structures.
I was living in Nevada when I had to come down here and take care of my dad.
By that time, he was not exactly "of sound mind" (He had Alzheimers).

My dad had a Life Estate and the attorney is the Remainderman.

 

[Ohiogal]

No, I have not seen the new title, but the court papers stated that the attorney gets the entire property when my dad dies.
Actually, my ex stepmother was to get them, and in the event of her death, the attorney would get everything. And she died about 7 - 8 years ago.

The business was not part of the divorce agreement, only the land and the structures.
I was living in Nevada when I had to come down here and take care of my dad.
By that time, he was not exactly "of sound mind" (He had Alzheimers).

My dad had a Life Estate and the attorney is the Remainderman.

Then you should have moved the business a YEAR AGO. Instead you basically stole from the attorney. The attorney has a right to charge rent to the people on HIS property.

 

[CodeMonk]

Then you should have moved the business a YEAR AGO. Instead you basically stole from the attorney. The attorney has a right to charge rent to the people on HIS property.

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.