Any Property Lawyers in the house?

[Anti-Hero]

So my brothers moved in to my grandparents house and farm about a year ago. There was some stuff that was left when my grandmother passed on, my uncle talked with my brother about wanting the beet defoliator and the water tank which he agreed to move out of the corn crib. Well these 2 items still sit in his orchard and now my uncle sent my brother a letter from his lawyer saying that my grandfathers IH 706 is his and he wants it. This tractor quit running around 1985 and has sat in the the garage since. My brother has been restoring it. The tractor is untitled. since my brother owns the house and pays the mortgage and no previous arrangements were made is the tractor his? My grandfather puchased this tractor. what do you guys think? My uncle is a turd anyway, one big cheat.

 

[Mafesto]

I would simply agree to it, providing he pays for the restoration that has been done. Then present him with a bill for parts & labor. (wink wink)

 

[milehighassassin]

I am obviously not an attorney but my understadning of how it work in Colorado.

When someone dies and there is no will, everything HAS TO GO THROUGH COURT PROBATE.

So basically they court will assign someone to be in charge of the estate, etc.

Your grandfather might have either setup a will before hand willing everything to one person to handle or to a number of people. IF he did not do that then you have to work with the courts to decide who is in charge of the estate. Typically by default it will go to a spouse automatically if they are still living and then any children, and then grand children.

At this point I would say it is up to your uncle to prove that that tractor is really his, with either a will, or a title. The burden of proof rests on him.

 

[Mafesto]

milehighassassin is probably correct, but if lawyers get involved, nobody will win (except the lawyer)

 

[previous member]

So my brothers moved in to my grandparents house and farm about a year ago. There was some stuff that was left when my grandmother passed on, my uncle talked with my brother about wanting the beet defoliator and the water tank which he agreed to move out of the corn crib. Well these 2 items still sit in his orchard and now my uncle sent my brother a letter from his lawyer saying that my grandfathers IH 706 is his and he wants it. This tractor quit running around 1985 and has sat in the the garage since. My brother has been restoring it. The tractor is untitled. since my brother owns the house and pays the mortgage and no previous arrangements were made is the tractor his? My grandfather puchased this tractor. what do you guys think? My uncle is a turd anyway, one big cheat.

Anti Hero,

I am not an attorney but I do know a lot about these situations due to the fact I am the Trustee of a Living Trust in California which includes a ranch and a lot of farm equipment. I work closely with a Trust attorney and know what the laws are. I have had to deal with just this situation you are talking about. It is almost funny how a piece of farm equipment can sit somewhere for over 20 years and then when someone dies it suddenly becomes someone elses. If this equipment belonged to your Uncle he should have claimed it years ago. There is no title.

Tell your Uncle to go pound sand, I know his type. The equipment belongs to your brother as far as I can tell from what you said. Is there a Will or a Trust stating who the equipment goes to.? The courts do not get involved with things like this normally. Bottom line, your Uncle can want that stuff all he wants but he won't get it unless your brother wants to give it to him. He has no legal right to it.

 

[Anti-Hero]

Nope there is nothing about the tractor in the will, my brother only values this tractor because it was our grandfathers, it is little use to him, maybe he could use it to mow the orchard at best.

thanks for the info!

 

[previous member]

Nope there is nothing about the tractor in the will, my brother only values this tractor because it was our grandfathers, it is little use to him, maybe he could use it to mow the orchard at best.

thanks for the info!

Don't let your uncle or his attorney scare you or bullschit you. Guys like that pizz me off.

I have had my life threatened by the brother of the man who owns the ranch I am the Trustee for. He wants the ranch but he is not a beneficiary of the ranch so will never get it. Pizzes him off to no end. Wanting something does not mean anything at all. I legally own the ranch as the Trustee and when the Trustor passes away someday I will distribute the ranch according to the terms of the Trust and that does not include this azzhole brother.

 

[brushwolf]

since your uncle insists on getting an attorney to handle this (the letter probably cost him 100.00 or more) then reply dirctly to his sttorney who will in turn at least call his client to update his as to your respose(for a fee) and then will probably respond to you (for another fee)..... See where this is going? pretty soon the value that he see's in said tractor will be diminished by the fees being charged....................................

 

[Disco Dan Richter]

Just tell yer unc, that he can have it provided he has documentation(IE. title or bill of sale) and that he will have to pay the restoration costs which will ne exhuberant, and he has to pick it up, and provide proof of sale after transaction.

Other than that, if he is willing to hire a scumbag lawyer at 400 plus an hour over a junk tractor, he may be willing(or not) to pursue and like Mafesto said, only scumbag lawyer would win.

If nothing else, threaten him with a lawsuit claiming you will sue him for attorneys fees and loss of wages for anytime you spend on the subject. Sometimes calling the bluff will make them think twice.

 

[Ollie]

since your uncle insists on getting an attorney to handle this (the letter probably cost him 100.00 or more) then reply dirctly to his sttorney who will in turn at least call his client to update his as to your respose(for a fee) and then will probably respond to you (for another fee)..... See where this is going? pretty soon the value that he see's in said tractor will be diminished by the fees being charged....................................

oh, I like this one.
Do this one.
That'll really pizz of dumbazz.

 

[Blu Du]

since your uncle insists on getting an attorney to handle this (the letter probably cost him 100.00 or more) then reply dirctly to his sttorney who will in turn at least call his client to update his as to your respose(for a fee) and then will probably respond to you (for another fee)..... See where this is going? pretty soon the value that he see's in said tractor will be diminished by the fees being charged....................................

i have a cousin that went though a divorce that way she got the attornry. they didn't have anything too split except debt. my cousin would call her attorny and bull**** with him on her dime. cost her 6000 and he didn't pay a dime.

 

[Himark]

Just provide him with a bill of improvements and if he pays that it is his. He is entitled to the tractor but not to the improvements that you were "authorized" to do.