Legal Question in Wills and Trusts in Missouri

Multiple Property Ownership Dispute

My Father in Law is 50% owner of rural proberty in Mo. The active 25% minority owner is working the property in ways against his wishes but he has retired and moved out of state. Is there a way he can sign controling voice for me to represent his interests without giving up ownership or legal rights to the property. Simple signed letter or notorized letter or complicated legal document. What is the answer. I don't wish to take control just to represent his wishes without him needing to call the minority owner and confirm what I am saying.

Thank You


Asked on 10/30/02, 10:23 pm

2 Answers from Attorneys

Re: Multiple Property Ownership Dispute

What you are looking for is a Power of Attorney signed by your father giving you authority on his behalf. It's a fairly simple document and shouldn't take long or cost much to put together a document that will allow you to represent your father's wishes. However, if your father doesn't have the authority to dictate how the minority owner works the land, then the Power of Attorney would be a waste of time. If you want to go this route, I suggest that you or your dad consult with an attorney to determine what rights your dad has in the use of the property. This will be determined by whatever documents granted your dad and the minority owner ownership in the land. It could be a Warranty Deed, a trust document, a partnership agreement, or a myriad of other legal documents. An experienced attorney should be able to inform you of your dad's rights to control the land without much time or expense. Best of luck. Feel free to contact me if you would like further assistance in the matter.

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Answered on 11/02/02, 11:15 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Multiple Property Ownership Dispute

In the first place, your father could sign a power of attorney specifically granting to you the legal authority to speak for him to the other property owners, and/or take whatever other action he desires to take. I would strongly suggest that you or your father consult with an attorney to prepare the document if you elect to follow this course of action. Also, your questions suggests other questions. How exactly is the property owned? You refer to the ownship shares by percentages, but deeds are not written up in this way. Perhaps your father owns "an undivided one-half interest" in the entire property, and the other owner you refer to owns "an undivided one-fourth interest". If so, both of them might have the legal right to use all of the property, and your father may not have any legal right to impose his will upon the other owner. Perhaps, there is a written contract which defines a partnership, joint venture or other agreement between the owners and which sets forth their respectful rights concering the decision making concerning the use of the property. In any event, I would suggest that you consult with an experienced attorney in the area in which the property is located for further legal advice before taking any action. Good luck.

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Answered on 10/31/02, 2:47 pm


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