Check out some similar questions!

londonjc · Nov 13, 2007, 03:47 PM

Hi, my question is: 2 brothers inheritated family farm from their parents in Oklahoma, US, one of the brothers has been looking after the farm for 10 years, the other one has never looked after the farm and been living out side of US for the last 6 years, so can he share half of the farm later? If he has been sending $2000 or $3000 every month to his brother for the last 3 years, does this increase the chance for him to share the farm later?

Thanks!

RichardBondMan · Nov 13, 2007, 06:58 PM

I believe you answered the question in the first sentence, "2 brothers inherited", that means ownership passed to them either by law or by will or through some other legal document such as a trust. It's those items that determine who owns the property, not the fact that one of them contributed his money or the fact that one of them cared for the property.

Fr_Chuck · Nov 13, 2007, 10:01 PM

Does not matter who is lving on it and working it, they both own it if both inherited it. There are issues, the one brother would actually perhaps owe "rent" for living on the farm, and there is even issues as to rent being due the brother not working the farm for his share of the profits of the farm. The working brother would be due a higher percentage since he is sharecropign his brothers share.
I see no reason for the brother not living on property to send any money to the other brother at all, unless there is a mortgage on the property to be paid.

londonjc · Nov 14, 2007, 12:52 PM

Thank you very much for your reply. Actually it's my husband, who's from US, keeps sending money to his brother, he said if he doesn't send money to his brother, one day his brother can go to court and say he's the one who's been looking after the farm and my husband has been outside of US all the time, so his brother would be able to take the whole farm away according to the law. Could it be true?

ScottGem · Nov 14, 2007, 12:57 PM

No its not true. As you have been told, when they inherited the property, they inherited it equally. Your husband's name is on the deed and that's all that counts.

Now its probable your husband cannot lay any claim to income from the property since his brother is doing all the work. Its also possible they took out a mortgage against the property and that's what's being paid on. But since your husbands's name is on the deed he has a half ownership in the property.