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TL:DR Father has been paying the taxes for all the farm land and uncle just sent checks to my father. Uncle has not sent December check and has already told my father he won't have money for 2nd half in May.
My father (lives in Colorado) and his older brother(lives in Texas) inherited farm land in Kansas and have been joint owners of the land (as well as each individually own small additional pieces) for years. My uncle has always been really bad with money and has made his situation so bad through credit card debit that he now can't/won't pay his land taxes.
Previously to this situation my father took over paying all the farm bills for my uncle when he was really sick because it was harder for my uncle to keep track of all the bills. My father gets a total and just cuts it in 2 for the whole thing and has my uncle send him a check for his half.
Now, uncle is refusing to pay ~$5000 in taxes and is already stated that he won't pay the other ~$5000 in May. My father is torn on how aggressively to handle this as the land is supposed to go to my little brother and I so he doesn't want to lose the land. I understand that we will need to get professional legal advice but I thought I would ask the following questions here.
- What state should we seek legal council in?
- What methods of recourse do we have? (liens, withholding water from his private lands, etc.)
- Is there a way to turn this into an opportunity to claim the land from him and his poor management?
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- 5 years ago
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Yes it produces an income. The quarter that has water on it is owned solely by my father and has been donating water to the neighboring quarter owned by my uncle.
While I agree damage would be done by withholding water, in no way shape or form is there an existing agreement giving him access to the wells.
Edit: The land (that he would sell) is worth ~190k and that's more than my family could come up with. While it is a real possibility he could just sell it anyways we're still hoping he wills it back to my or my brother's hands. The land has been in my family for 4 generations...