Division of family farms not always fair

Q: Mine is a question of fairness:

My dad was the fourth of a farmer’s five children. His grandmother owned their land.

She left everything to my dad’s oldest brother - 2000 acres, the farm, and all the pastureland.

He attended university, while my dad, his brother, and two sisters worked the farm.

My uncle founded a successful career and enjoyed a wealthy life. Five years ago, he gave each sibling 1.3 acres. My dad built a small camp on his plot.

My uncle had planned to pass on his land to his children, but they’d have difficulty paying the property taxes.

I want to retain some of the land so that my dad will have access to the lake, which he may lose if the property sells.

How can I convince my wealthy uncle of the value in fairness without harming our relationship? — Concerned Son

A: With property and legal title, some people cling to what they see as theirs alone.

Your uncle acted responsibly (but not with great largesse) by giving away 5.2 acres total of his 2000 acres in appreciation of his siblings’ care of the land.

Now he wants a legacy for his children and likely believes they can sell enough property to afford the taxes and still have substantial holdings.

Convince him of “fairness?” You can only try.

Approach him without demanding or overreacting.

Talk first to an accountant who deals with farmland real estate and get a full understanding of the tax implications plus other issues affecting a decision to hive off some land for one (or each) of the siblings.

Deliver your request to your uncle with knowledge, respect, a son’s sincerity on behalf of his father, and any added appeal such as family history.

TIP OF THE DAY: With requests regarding family property, be informed and respectful, but not unrealistic.