There once was a client who had a piece of land that she wanted to break into pieces and give to
her four children prior to her death.
It was already surveyed, she just needed her lawyer to assist her setting up the deeds and
ensuring that the transfers were made.
A savvy lawyer's first question should be: "Have you spoken to your children about this land
transfer?" (Not that it would normally be a bad thing, but you always want to let people know
before you start signing land into their names.)
Her answer in this scenario: Yes.
The savvy lawyer's next question should run something along the lines of: "How do your kids
get along?"
(Crazy question? Nope.)
Why should this be a consideration when splitting up a piece of land amongst heirs...especially
siblings?
Well, things can happen...
There was also once a client who was being sued by her sister over chickens.
Her father had two daughters who have not gotten along since they were kids.
He had a piece of land he wanted to split the land down the middle and distribute it in equal
shares to the two sisters.
Both sisters moved onto the land and built homes after it was transferred.
Sometimes the sisters got along. Sometimes they didn't.
When it was the best of situations, everyone was happy. When it wasn't....well...they ended up in
court.
A few years after the sisters moved onto the land, Sister #1 decided to buy a few chickens. After
a while, chickens being what they are, she tired of the upkeep and asked Sister #2 if she would
like to have her chickens.
The Sister #2 said yes, and just like that, the chicken transfer was completed.
But chickens, being chickens, like to go home to roost in their original place of residence.
The chickens kept getting out, and to add drama to the story, a rooster was added to the mix.
I won't go into rooster behavior...but let's just say the addition of a rooster did not add to the
general well-being between the two sisters.
A bit of time elapsed, and the chickens and the rooster disappeared from the hill.
Whilst several different versions of the story emerged, Sister #2 felt like she had enough proof
on Sister #1 to have her arrested.
Yes.
You heard that correct.
Arrested for petty larceny.
Of chickens.
Arrested as in a subpoena issued, Sister #1 was booked, and she had to have bond posted for the
hearing.
Sister #1 hired a lawyer, who researched domestic animal and livestock trespass laws and
thought they had a good case.
had notice of it, then Sister #1 had the right to defend her property from the offending animals.
The lawyer wasn't saying that Sister #1 did anything to the chickens...but if proof was presented
that would make it appear she did--then the lawyer felt like she had a pretty good defense to the
charges.
The lawyer was armed and ready for the Chicken Sister case.
The day of the hearing arrived.
Sister #2 didn't appear for court.
The lawyer had the case dismissed and had to have the arrest expunged so that a petty larceny
arrest wouldn't cause harm to Sister #1's future.
While the charges were dismissed...these two sisters are still neighbors.
So what should we learn from the stories of the two parents?
As parents, it's very easy to say, "Just divide it up equally amongst the five kids. Let them figure
it out."
The first parent consulted with an attorney, who advised her to consider the personalities and
relationships of her heirs...prior to transferring the property.
The second parent split a piece of land between two sisters who weren't exactly best friends...and
didn't think about how that could affect an already tense relationship.
In estate planning, we should take into consideration the heirs' personalities, previous conflicts,
and the ability for heirs to get along if they are neighbors, even when there is a firmly placed
boundary line between them.
I always believe that prevention and being proactive is so much better than being reactive and
shooting from the hip.
No one wants heirs suing each other over how the property is divided...or over petty issues after
the property transfer has been made.
Land is just one asset that can cause heir conflicts when a person passes away.
Family heirlooms, furniture, jewelry, and other possessions can also become a point of
contention with heirs after someone passes.
Taking the time to plan how, who, what and when...and how assets will be transferred...can save
time and hurt feelings later on down the road.
I’m not saying it’s a one size fits all solution. However, in the years of estate planning that I have
done, I see this type of planning as a better solution than simply saying: "I'll let the kids figure it
all out when I'm gone."
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