Jump to content
[[Template core/front/custom/_customHeader is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]]

Help


Thews40
 Share

Recommended Posts

No BS… this is crisis time. In a nutshell… my father passed away early last year. When you die in Utah, your family has either one month to file the papers on the estate, or you can wait until six months. We’re now going on 7 and looking to file an extension.

 

After 6 months my sister (the executor) hired an appraiser to evaluate the property. The appraisal came in at over 2.1million dollars. Along with the cash my dad left his 5 kids, anything over 2 million dollars is taxed at 45% in the “death tax”. The problem is that I don’t believe the property is worth that much.

 

My sister has hired three appraisers, and for some odd reason they’ve all dropped out before giving a second appraisal. I don’t know if this is small town politics, but we’re set up to lose $300,000 in cash in the next few weeks if I can’t get a second appraisal.

 

I’m dying here. My daughter is going through chemo, this estate has been badly mismanaged, and I need some advice because I have too much on my plate right now. We have the cash and I need to hire someone to handle this. Please give me some advice. Who do I need to hire to care of this? Seriously… any advice would be appreciated. PM me. I pay my bills and I need some advice right now. I can’t promise anything, but I need a pro to handle this. Who do I call?

 

Thanks

Link to comment
Share on other sites

Have you tried to talk to your sister about all this? Do you two not get along? Is she on a major power trip? It sounds like she is in 10 miles over her head.

 

If she is the sole executor of the estate, I'm not sure what rights you have if any. I don't know if you can legally challenge her status as executor based on her apparent incompetence...yes I know that could get ugly and cause a major family rift...but you may have no choice but to do so if all else has failed to this point.

 

Not to insult your intelligence, but If you don't have an attorney who specializes in this stuff, you need to get one right now before the poop really hits the fan.

 

Can our resident Huddler lawyers please throw in their two cents here?

 

By the way, Thews, I hope your daughter is okay.

Link to comment
Share on other sites

I'd be looking for an estate attorney in Utah ASAP. With the laws different in various states you need someone local to help sort through this. You can hire representation to protect your interest in the estate whether you are executor or not. Hopefully you get along with your sister and you can work with her to hire the attorney on behalf of the entire estate and not just your interest in order to avoid a fight.

 

Good luck. I hate seeing this kind of thing but it happens all the time.

Link to comment
Share on other sites

Have you tried to talk to your sister about all this? Do you two not get along? Is she on a major power trip? It sounds like she is in 10 miles over her head.

 

If she is the sole executor of the estate, I'm not sure what rights you have if any. I don't know if you can legally challenge her status as executor based on her apparent incompetence...yes I know that could get ugly and cause a major family rift...but you may have no choice but to do so if all else has failed to this point.

 

Not to insult your intelligence, but If you don't have an attorney who specializes in this stuff, you need to get one right now before the poop really hits the fan.

 

Can our resident Huddler lawyers please throw in their two cents here?

 

By the way, Thews, I hope your daughter is okay.

 

This isn't help for the specific question(s) being asked, but I didn't read anywhere where the two of them don't get along or that the sis is incompetent. Sounds like the appraisers may be getting a little "kickback" to show a higher appraisal so that the state or local municipality is ensured of getting a bigger chunk of change.

 

Maybe I'm wrong and they hate each other though. :wacko:

Link to comment
Share on other sites

Thanks for the advice. I didn't know there were "estate" attorneys. My sister and I get along, but with my dad passing I think she doesn't want to sell it and has tried, but really failed to get anything done. In small towns in Utah there's an underground network and I think that's where the problem is with the first appraiser. The farm is located in Cedar City, but I may have to go outside to St. George or Salt Lake. If anyone has a reference I'd really appreciate it. Thanks again... you guys rock.

Link to comment
Share on other sites

Thanks for the advice. I didn't know there were "estate" attorneys. My sister and I get along, but with my dad passing I think she doesn't want to sell it and has tried, but really failed to get anything done. In small towns in Utah there's an underground network and I think that's where the problem is with the first appraiser. The farm is located in Cedar City, but I may have to go outside to St. George or Salt Lake. If anyone has a reference I'd really appreciate it. Thanks again... you guys rock.

Try SLC first - unlikely to be any local conflict of interest then.

Link to comment
Share on other sites

Thanks for the advice. I didn't know there were "estate" attorneys. My sister and I get along, but with my dad passing I think she doesn't want to sell it and has tried, but really failed to get anything done. In small towns in Utah there's an underground network and I think that's where the problem is with the first appraiser. The farm is located in Cedar City, but I may have to go outside to St. George or Salt Lake. If anyone has a reference I'd really appreciate it. Thanks again... you guys rock.

 

Thews, I wasn't trying to dump on your sister. You did say the estate was "mismanaged," which had me wondering if there was some type of family "issue", and she was purposely shutting you out of this, refusing your help or input, with so much $ at stake. No insult intended. :wacko:

Edited by Wolverines Fan
Link to comment
Share on other sites

Thews, I wasn't trying to dump on your sister. You did say the estate was "mismanaged," which had me wondering if there was some type of family "issue", and she was purposely shutting you out of this, refusing your help or input, with so much $ at stake. No insult intended. :wacko:

None taken... thanks for the input. The plot thickens… So I guess my sister’s husband has been more diligent about taking care of this whole thing than I was privy to. Here’s the deal: There’s 60 acres of really nice farmland with a ton of water rights. When the farm is appraised, the water rights and land are treated differently. When added together, the dollar amount comes in at 2.1 million. We’ll be shelling out somewhere over $150,000 in federal death tax. Tax on money that my dad saved his entire life that’s already been taxed. But wait there’s more…

 

So we have this hugh amount of water rights and water is scarce… good huh? When you try and sell the water rights, you can, but only if no one petitions against you selling them… oh and by the way the state gets first right of refusal… which they exercise. So we put up the water rights for sale and keep the land, the state puts dibs on the water rights at market value, but doesn’t have the money to pay for them. So, we get tossed in legal limbo which I’m told goes on for about five years. But wait, there’s more…

 

If we sell the property and the water rights at the same time, then the new owner immediately owns them and can allocate them as he sees fit. But, and this is a big but, the combined value of the land and water rights is less than they are separately. So, we’ll pay death tax, sell the property for less than the appraisal, and Uncle Sam and the state of Utah high five each other. This sucks…anyone wanna buy a farm for $450,000 less than it's worth?

Link to comment
Share on other sites

None taken... thanks for the input. The plot thickens… So I guess my sister’s husband has been more diligent about taking care of this whole thing than I was privy to. Here’s the deal: There’s 60 acres of really nice farmland with a ton of water rights. When the farm is appraised, the water rights and land are treated differently. When added together, the dollar amount comes in at 2.1 million. We’ll be shelling out somewhere over $150,000 in federal death tax. Tax on money that my dad saved his entire life that’s already been taxed. But wait there’s more…

 

So we have this hugh amount of water rights and water is scarce… good huh? When you try and sell the water rights, you can, but only if no one petitions against you selling them… oh and by the way the state gets first right of refusal… which they exercise. So we put up the water rights for sale and keep the land, the state puts dibs on the water rights at market value, but doesn’t have the money to pay for them. So, we get tossed in legal limbo which I’m told goes on for about five years. But wait, there’s more…

 

If we sell the property and the water rights at the same time, then the new owner immediately owns them and can allocate them as he sees fit. But, and this is a big but, the combined value of the land and water rights is less than they are separately. So, we’ll pay death tax, sell the property for less than the appraisal, and Uncle Sam and the state of Utah high five each other. This sucks…anyone wanna buy a farm for $450,000 less than it's worth?

 

 

Ah, you just stated the obvious now Thews. Farmland is valued as commercial property for estate tax purposes...unless there is going to be heirs who are going to actively farm the land...and I think that is for something like 9 years or something like that. I also think the tax is on the amount over the exclusion that your mom and dad had. So, if they properly planned, only 100K should be taxable. PM me if you need anymore info. I can do some research....free of charge...just as a friend.

Link to comment
Share on other sites

When added together, the dollar amount comes in at 2.1 million. We’ll be shelling out somewhere over $150,000 in federal death tax. Tax on money that my dad saved his entire life that’s already been taxed.

Tempting......but no. Wrong time and place.

Link to comment
Share on other sites

how close is it to the mountains? we are currently searching for mountain inns for sale

About 20 minutes from Brianhead. Really nice skiing... farm is about 5 min from the higway and there are $400K houses all around it. They aren't selling, but they're there. It's also about 2.5 hours from Las Vegas, an hour away from St.George/Misquite, and about 7 hours from LA.

Link to comment
Share on other sites

None taken... thanks for the input. The plot thickens… So I guess my sister’s husband has been more diligent about taking care of this whole thing than I was privy to. Here’s the deal: There’s 60 acres of really nice farmland with a ton of water rights. When the farm is appraised, the water rights and land are treated differently. When added together, the dollar amount comes in at 2.1 million. We’ll be shelling out somewhere over $150,000 in federal death tax. Tax on money that my dad saved his entire life that’s already been taxed. But wait there’s more…

 

So we have this hugh amount of water rights and water is scarce… good huh? When you try and sell the water rights, you can, but only if no one petitions against you selling them… oh and by the way the state gets first right of refusal… which they exercise. So we put up the water rights for sale and keep the land, the state puts dibs on the water rights at market value, but doesn’t have the money to pay for them. So, we get tossed in legal limbo which I’m told goes on for about five years. But wait, there’s more…

 

If we sell the property and the water rights at the same time, then the new owner immediately owns them and can allocate them as he sees fit. But, and this is a big but, the combined value of the land and water rights is less than they are separately. So, we’ll pay death tax, sell the property for less than the appraisal, and Uncle Sam and the state of Utah high five each other. This sucks…anyone wanna buy a farm for $450,000 less than it's worth?

OK, I've had one water law class when I was in grad school, and I always thought western water law, based on prior appropriation was a mess. Having said that, and living in MN, I don't know diddly squat about prior appropriation unless I dig into my old water law text, and that won't help much at all in this case since it'a at my office and not here at home right now, but let me try this from memory, and hopefully any lawyers you engage on this know western water law and prior appropriations.

 

If I recall, as long as you have water rights and you want to sell them, only the downstream users can argue that your selling will harm them in some way, shape, or form. This also ties in to whatever use you had for the water at the time, be it irrigation, diversion for livestock, or none at all. Nonetheless, you still retained those water rights, and whatever use your family had for the water at the time took precedent. Meaning they could take the water they needed from the river based on their stated use without regard for downstream users. Again, I may be wrong on that, but that's how I recall it from over 10 years ago (a mind is a terrible thing to drink away :D ).

 

So basically it comes down to this. What is downstream from the farm that the state is hell-bent against giving up? Does the river act as a water supply for a (hypothetically speaking) downstream municipality? If that's the case and the state is buying the rights based on that, I don't know what you can do. However, if there are other downstream users between you and the hypothetical downstream municipality, I can't understand how the state gets first right of refusal, unless they were there before any other users of the river between you and said hypothetical municipality. Then again, it could be water designated for grazing land, in which case I don't want to venture into the death trap of western ranchers and water. :wacko:

 

Cripes, I think I just typed myself into a circular argument. :D That's what I get for trying to figure out points of law when I just get home after having a few beers after curling on a Wednesday night. If this all seems like gibberish, I can try a better explanation when I'm sober.

 

Basically, talk to a lawyer with good familiarity in the state's water law.

Link to comment
Share on other sites

OK, I've had one water law class when I was in grad school, and I always thought western water law, based on prior appropriation was a mess. Having said that, and living in MN, I don't know diddly squat about prior appropriation unless I dig into my old water law text, and that won't help much at all in this case since it'a at my office and not here at home right now, but let me try this from memory, and hopefully any lawyers you engage on this know western water law and prior appropriations.

 

If I recall, as long as you have water rights and you want to sell them, only the downstream users can argue that your selling will harm them in some way, shape, or form. This also ties in to whatever use you had for the water at the time, be it irrigation, diversion for livestock, or none at all. Nonetheless, you still retained those water rights, and whatever use your family had for the water at the time took precedent. Meaning they could take the water they needed from the river based on their stated use without regard for downstream users. Again, I may be wrong on that, but that's how I recall it from over 10 years ago (a mind is a terrible thing to drink away :D ).

 

So basically it comes down to this. What is downstream from the farm that the state is hell-bent against giving up? Does the river act as a water supply for a (hypothetically speaking) downstream municipality? If that's the case and the state is buying the rights based on that, I don't know what you can do. However, if there are other downstream users between you and the hypothetical downstream municipality, I can't understand how the state gets first right of refusal, unless they were there before any other users of the river between you and said hypothetical municipality. Then again, it could be water designated for grazing land, in which case I don't want to venture into the death trap of western ranchers and water. :wacko:

 

Cripes, I think I just typed myself into a circular argument. :D That's what I get for trying to figure out points of law when I just get home after having a few beers after curling on a Wednesday night. If this all seems like gibberish, I can try a better explanation when I'm sober.

 

Basically, talk to a lawyer with good familiarity in the state's water law.

Good post and while I have some limited knowledge of water rights, I know it varies state to state and Thews, you should consult a good attorney.

Link to comment
Share on other sites

OK, I've had one water law class when I was in grad school, and I always thought western water law, based on prior appropriation was a mess. Having said that, and living in MN, I don't know diddly squat about prior appropriation unless I dig into my old water law text, and that won't help much at all in this case since it'a at my office and not here at home right now, but let me try this from memory, and hopefully any lawyers you engage on this know western water law and prior appropriations.

 

If I recall, as long as you have water rights and you want to sell them, only the downstream users can argue that your selling will harm them in some way, shape, or form. This also ties in to whatever use you had for the water at the time, be it irrigation, diversion for livestock, or none at all. Nonetheless, you still retained those water rights, and whatever use your family had for the water at the time took precedent. Meaning they could take the water they needed from the river based on their stated use without regard for downstream users. Again, I may be wrong on that, but that's how I recall it from over 10 years ago (a mind is a terrible thing to drink away :D ).

 

So basically it comes down to this. What is downstream from the farm that the state is hell-bent against giving up? Does the river act as a water supply for a (hypothetically speaking) downstream municipality? If that's the case and the state is buying the rights based on that, I don't know what you can do. However, if there are other downstream users between you and the hypothetical downstream municipality, I can't understand how the state gets first right of refusal, unless they were there before any other users of the river between you and said hypothetical municipality. Then again, it could be water designated for grazing land, in which case I don't want to venture into the death trap of western ranchers and water. :wacko:

 

Cripes, I think I just typed myself into a circular argument. :D That's what I get for trying to figure out points of law when I just get home after having a few beers after curling on a Wednesday night. If this all seems like gibberish, I can try a better explanation when I'm sober.

 

Basically, talk to a lawyer with good familiarity in the state's water law.

 

 

Good post and while I have some limited knowledge of water rights, I know it varies state to state and Thews, you should consult a good attorney.

Thanks for the advice. The way I understand it, it's not about anything that’s going to happen to your neighbor's land regarding water. In theory, a neighbor could protest, but there’s really no need because we already have the rights and we want to sell them. It’s the state that wants them, and I’ve heard stories from my dad’s neighbors over the years where the state can just take them from you if you don’t use them.

 

There’s another hook, as we can lease the water rights. So, whoever buys this property can keep enough to develop it and lease out the rest. There’s a hugh house and barn (I helped build both) and it’s very close to Zion National Park, so it’s a really cool place… if yer into the whole Utah thing. The thing about Utah is that if you’re not Mormon, Mormons are very nice people. If you are Mormon, there’s a church just down the road… they’re all over the place.

 

This was a working farm for a number of years growing alfalfa. If you owned horses it would be perfect, but growing alfalfa on 60 acres is enough to basically break even. I’m guessing most of you have never gone out twice a day to move water lines, but it’s hard work. The better machines you have the easier it is, but again you need a lot of property to actually make money farming.

 

We’re sort of lucky that my dad left enough cash to cover the death tax. In theory, if a farm was worth 3 million and the parent died, then the children would have to come up with $450,000 in cash within 9 months. Most would be forced to sell, and in a buyers market take a big hit. This scenario has to have been played out on real farms, and the whole death tax is absolute BS.

 

I took some very good huddler’s advice from Muck and called the bank where my dad did his banking for decades. I’m going to see if they can appraise the property and give us a combined value (water rights and land). Since it’s a bank appraising the land, I’m assuming they would assess the value based on what it’s actually worth for a loan. It’s the only shot we have, and in talking to my sister’s husband they’re ready to hand over $150,000 to Uncle Sam in a month.

 

Thanks again for the advice and letting me vent. I really appreciate it.

Link to comment
Share on other sites

Thanks for the advice. The way I understand it, it's not about anything that’s going to happen to your neighbor's land regarding water. In theory, a neighbor could protest, but there’s really no need because we already have the rights and we want to sell them. It’s the state that wants them, and I’ve heard stories from my dad’s neighbors over the years where the state can just take them from you if you don’t use them.

 

There’s another hook, as we can lease the water rights. So, whoever buys this property can keep enough to develop it and lease out the rest. There’s a hugh house and barn (I helped build both) and it’s very close to Zion National Park, so it’s a really cool place… if yer into the whole Utah thing. The thing about Utah is that if you’re not Mormon, Mormons are very nice people. If you are Mormon, there’s a church just down the road… they’re all over the place.

 

This was a working farm for a number of years growing alfalfa. If you owned horses it would be perfect, but growing alfalfa on 60 acres is enough to basically break even. I’m guessing most of you have never gone out twice a day to move water lines, but it’s hard work. The better machines you have the easier it is, but again you need a lot of property to actually make money farming.

 

We’re sort of lucky that my dad left enough cash to cover the death tax. In theory, if a farm was worth 3 million and the parent died, then the children would have to come up with $450,000 in cash within 9 months. Most would be forced to sell, and in a buyers market take a big hit. This scenario has to have been played out on real farms, and the whole death tax is absolute BS.

 

I took some very good huddler’s advice from Muck and called the bank where my dad did his banking for decades. I’m going to see if they can appraise the property and give us a combined value (water rights and land). Since it’s a bank appraising the land, I’m assuming they would assess the value based on what it’s actually worth for a loan. It’s the only shot we have, and in talking to my sister’s husband they’re ready to hand over $150,000 to Uncle Sam in a month.

 

Thanks again for the advice and letting me vent. I really appreciate it.

 

Glad you are getting to the bottom of this Thews. My only question is if the estate is worth 2.1 million...then why the 150K in tax? should only be 45K

 

Or would I be correct in assuming the 2.1 mil is just for the farm and there was cash and other assets that push the entire estate to 2,333,333.33 dollars...whereas making 333,333.33 taxable at 45% = 150K?

Edited by TheShiznit
Link to comment
Share on other sites

Glad you are getting to the bottom of this Thews. My only question is if the estate is worth 2.1 million...then why the 150K in tax? should only be 45K

 

Or would I be correct in assuming the 2.1 mil is just for the farm and there was cash and other assets that push the entire estate to 2,333,333.33 dollars...whereas making 333,333.33 taxable at 45% = 150K?

You're right... it's the land/water rights/cash combined. Thanks so much for the advice. I spoke to a woman in my dad's bank today for over an hour and a half. She’s an appraiser but can’t do private work outside the bank loans. She gave me solid gold advice, because she has a small farm with water rights in the same city. Turns out the property/water rights are worth 2.1, because the water rights are worth about 1M. Here’s the deal…

 

We’ll have to bend over and pay the death tax, unless we can get some sort of farm exclusion… my sister’s husband thinks this may be possible. So we have 227 acre feet of water and 60 acres of land. We need 0.5 acre foot per house, so if we wanted to subdivide we could keep 30 acre feet and sell the remaining 180 or so.

 

The water rights sell for about $4000 per acre foot. Since we already paid taxes o the property, I’m not sure if we have to pay taxes again on the water rights sold? Anyway, I spoke to a title company today and they said they’d process the water rights at $300 per transaction. So, if we sold one or a lot of water rights, it would only cost us $300. Here’s my plan…

 

Propose to my siblings we sell the 180 extra acre feet. I’ll list it on ebay and the local papers, and have the title company all set up. There are developers that need water rights to develop the land they own, so it’s a pretty hot commodity right now. Every time a lot sells, each kid will get a piece of the pie. We keep selling them until we have enough set aside to put in sewer and a road. Since the property has a road on each end, we need one road down the middle to subdivide it into 1 acre lots. If the land is worth $10K per acre as farmland, it’s worth about $60K as an acre lot subdivided. If it costs $100K to put in the sewer/road, then that comes out of the water right fund.

 

Assuming this plays out, since there’s 5 of us someone is gonna want to bail right away. In that case, a child choosing to keep the land can offer water rights now in exchange for un-subdivided land value. Complicated, but I’ll be selling water rights here soon. I wonder what kind of investment they make? Here’s the deal, you own the right to the water, but the State owns the water. In theory, the state could take it from you, but it goes by issue date establishing priority. These water rights started being dated in 1890, and these particular water rights were issued in 1931, which makes them more valuable since they would basically be at the bottom of the list if the state were to ever try and take them… which they have never done and won’t do (according to the woman I spoke to).

 

So, if someone were to buy a lot of water rights and lease them out, the money coming back would all be on a factious commodity in essence, because all you’d be leasing would be the right to use X amount of acre feet. Since most wells don’t have gauges, this is really just to satisfy an existing subdivision that needs the rights to develop the land. You can get 5, 10 100 year leases, so it may be a pretty solid investment. The rights can be transferred north of highway 57 and basically east until Utah ends, so it’s a pretty sweet deal.

 

In the end I think we have a long term plan and I feel a lot better today, even though we’ll pay a hugh amount of cash on a death tax that does nothing but prevent someone from passing on too much of the pie to their kids. If yours or your parent’s estate is worth a chunk of change, you may want to look into a shelter of sorts. Thanks so much for the advice… you guys rock :wacko: .

Link to comment
Share on other sites

Just so you know, you can get that acreage classified as a farm acreage for estate tax purposes, but you have to actively farm it. And, I could be wrong, it is like for 9 years. Anyway, make sure you BIL looks into that aspect before you count on the land being valued anything less than commercial.

 

I am so glad you have gotten what seems to be a great gameplan.

Edited by TheShiznit
Link to comment
Share on other sites

Glad to have hopefully been a bit of help to you. :wacko:

Your advice was gold... I owe you a beer at the very minimum... thanks.

 

PS - My daughter's friend in college makes funny little tribute songs and posts them on his website. He's a nice kid and I thought this was funny... cracked my daughter up which makes my day.

http://www.virb.com/nickscheidies check out the Tom Brady song.

Link to comment
Share on other sites

:D Here's to a hopefully stress-free end to this unfortunate circumstance. Sounds like you have been very proactive in working out the best solution--I'm sure that your family is very grateful.

 

 

This is the first I have ever heard of a "death tax", and I must say, it truly depresses me. :wacko:

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...

Important Information