What has to be done when the owner of a family farm dies without leaving a Will or Trust?

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What has to be done when the owner of a family farm dies without leaving a Will or Trust?

My wife’s grandmother passed away. She did tell everyone what she wanted done if she died but left no written instruction. She had 2 daughters and 1 granddaughter that all live on the farm. There is rental property on the farm with families living in them on a weekly pay basis. The 2 daughters are fighting about what personal possessions need to be sold. There is livestock that 1 of the daughters wants to sell, also.

Asked on February 5, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your wife's loss and for the problems that have ensued. If your wife and her sister want they can adhere to the wishes of their Mother, but with out a written Will the intestacy statutes in the state will take over as to who will inherit. My guess is that it will be the two sisters sharing equally.  Someone needs to be appointed as the fiduciary of the estate but t sounds asif that will be a fight too. They really have equal say here fromwhat you have written. So it is really best that they come to some agreement and soon.  Good luck. 


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