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06/25/10, 10:01 AM
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sheep & antenna farming
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Join Date: Oct 2008
Location: far SW Wisconsin USA
Posts: 2,847
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Maybe it should be, "Get advice from a good, sincere, honest, Christian lawyer." They do exist, you know.
Peg
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06/25/10, 10:18 AM
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Join Date: Sep 2007
Posts: 317
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I'm a small-town lawyer, and I'd like to think that my clients trust me to 'visit with them" about their options. One of the issues you need to think about is that if you give it away, then need to move into a nursing home within 5 years, Medicaid will still count the fair market value of the property as a "resource" if you apply to Medicaid to help you pay for the nursing home. Many of my clients end up having to sell property they own like this, to pay for nursing home care. They don't want to, but Medicare won't pay before the property is sold and the proceeds are used to pay for the nursing home. There are some ways around this, if you plan ahead. If you wait to do something until you need the nursing home care (about 1/3 of us will need nursing home care), it will be too late.
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06/25/10, 12:36 PM
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Unapologetically me
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Join Date: Mar 2003
Posts: 12,630
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You could donate it to your town as a park with the stipulation that you have full use of it until you die and the park has to be named after you.
Can't take it with you right?
__________________
Whenever you find yourself on the side of the majority, it is time to pause and reflect.
Mark Twain
______________________________________________
Enforced tolerance is oppression
ΜΟΛΩΝ ΛΑΒΕ
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06/25/10, 01:37 PM
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Join Date: May 2006
Location: Manitoba, Canada
Posts: 1,110
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Quote:
Originally Posted by Navotifarm
Thanks for all the very thought-provoking comments. The one by "The Paw" was more of a claw but one point that was raised was:
" What would the taxes be if you willed your property to someone. Would they have to sell the land to pay inheritance taxes?" That would certainly be something to check with a lawyer!
I did check about conservation easements but it would cost ME over $10,000 to set up a trust, pay a special appraiser, and convey the land which is only 70 acres which is below the minimum 100 acres.
As a Christian, my first question is what is good and right in this situation. My answer will come through prayer but by putting the question on an open internet forum to other Christians who have faced a same or similar situation, I do open my mind past my own personality and may I say pain barriers. I feel sorry for the Claw who thinks I should skip my true concerns and just consult a lawyer. Ha ha anybody who has had as many betrayals by lawyers as I have had would have learned that would be the last step in the process, to be taken only after a decision was arrived at!
Thank you all for your help. I think the best idea is to find a buyer for my land who can create a pure space. My son is forgiven but he would never protect this land. So somebody else really should have it. A real person, not a conglomeration. That leads to the next question .....
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I'm sorry you took it that way. I have been here long enough to know that many posters have an understanding of the law based on an imperfect understanding of their own experience and not much else. Not only that, but the law in this instance will vary from state to state.
If you want to explore a conservation easement, try:
http://www.landtrustva.org/index.htm
Easements with a land trust can work in a variety of ways. Sometimes the land trust will pay you for the easement. Sometimes you will receive a tax receipt for the value of the easement. In most case, the land trust will pay for the appraisal and have already set up the legal trust. It is simply a question of whether their aims are compatible with yours.
But you should still consult a lawyer. It's too important not to.
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06/25/10, 04:16 PM
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aka avdpas77
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Join Date: Dec 2008
Location: central Missouri
Posts: 3,416
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Quote:
Originally Posted by 1fast68
Since you asked for the Christian thing to do:
(sorry this is long)
40And if someone wants to sue you and take your tunic, let him have your cloak as well. 41If someone forces you to go one mile, go with him two miles. 42Give to the one who asks you, and do not turn away from the one who wants to borrow from you."
Jesus' first example of how we avoid revenge concerned personal insult. This next example concerns our hold on personal property. Jesus teaches: "And if someone wants to sue you and take your tunic, let him have your cloak as well" (vs. 40). In this case, your adversary evidently thinks he has a right to your "tunic", thus he brings suit against you. Jesus' command is, rather than let things get contentuous over such a small thing as a tunic, settle matters without contention, and let him have your tunic. Moreover, give him your cloak as well. In other words, do not let your hold on your earthly possessions be so strong so as to engender feelings of revenge, cause strife, and precipitate lawsuits. Does your adversary think that your tunic should be his? Well, give him both your cloak and your tunic. He may just then think (as he is holding your cloak in his hand): "Hmmm. I have no right to his cloak. As a matter of fact, I probably have no right to his tunic, either." Such treatment to your adversaries follows Paul's advice (himself quoting the Book of Proverbs): "If your enemy is hungry, feed him; if he is thirsty, give him something to drink. In doing this, you will heap burning coals on his head" (see Rom. 12:17-21). Submission to those with evil intent has a way of activating their consciences, and in this way, "heaping burning coals on [their heads]." Love to your enemies is the most effective way to change their behavior.
The next example concerns enforced labor: "If someone forces you to go one mile, go with him two miles" (vs. 41). Jesus here is alluding to a Roman law which allowed a Roman soldier to press anyone into service to carry the soldier's burden for a mile (actually for a thousand paces). Interestingly, Simon from Cyrene was pressed into service in this way to carry Jesus' cross on the way to the crucifixion (see Luke 23:26). Little did Simon know, but that he was easing the burden of the Lord of the Universe by being obedient to the request of the Roman soldiers!
Jesus commands that, in any case, rather than grumbling about being pressed into service, rather than thinking of how to get the soldier back for asking such a thing, we should not only go one mile with him, but two. We should use the opportunity to show love for the requestor: give him more help than he had a right to expect. Though there is no longer a law that allows soldiers to press us into service in this way, this verse is directly applicable in our lives in a variety of situations, especially in our work places. How often does your boss ask you to do something that you feel is entirely unreasonable (though it be within the scope of your job)? Don't fight it, go the extra mile. Such an attitude could only improve your career!
By the way, the importance of these teachings of Jesus can be demonstrated by how portions of two of these verses have become well-known idioms in our language, used by both non-Christians and Christians. In an unpleasant situation, how often have you heard the advice to "turn the other cheek." Or, when receiving encouragement, how often has someone advised you to "go the extra mile". Praise the Lord that such sound advice has passed into everyday language!
The final example that Jesus has for us in this matter concerns sharing our possessions: "Give to the one who asks you, and do not turn away from the one who wants to borrow from you" (vs. 42). In context, Jesus is advising us to not have such a strong hold on our earthly possessions, such that a request for help engenders angry feelings, and a desire for revenge. Relax your grip on the things you grasp so tightly. As Paul exhorts, we who are blessed materially in this world are to "be generous and willing to share" (I Tim. 6:18). "We are beggars, to whom [God] gives liberally, and we must return to Him by giving to our fellowmen."[3] Alas, though, giving can be complicated. Many request gifts, some don't deserve them. Broadus has these words of advice on knowing when to give: "(1) We must not refuse all because many are impostors. (2) We should strive to ascertain who are really needy and deserving, and to inform others. (3) We must not turn beggars away simply because offensive or annoying--this would be a very petty selfishness. (4) Where there is public provision for beggars we should act in harmony with such arrangements, but cannot remit the matter wholly to them. (5) To open some means of supporting themselves is far better than to support them."[4]
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You have done a good job with your quotations, but they really don't apply in this situation. As a Christian, she should be willing to forgive her son any injury he has caused her. However, it says nothing about her owing her son anything monetarily. Under certain circumstances, leaving the property to her son could even be harmful to him. The parable of the prodigal son was one of forgiveness, not one of reward. Furthermore it was speaking of His infinite love for His children. Proverbs might be more applicable in this situation. While it is good to be generous and to share, it is wise to choose the recipient well.
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