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tom kania

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need an answer to the question of what is the proper way to precede. a farmer enters into a 3 year contract to rent farmland. after the first year ,the landowner dies. is the contract still in play? thank you
 
I would say it depends on how the contract was made. Was there a written contract or just verbal? Written was it prepaired by an attorney or just between the 2 people, the land owner and farmer? The probate court has to decide and no one else can. Can depend on who gets the farm and how.
 
Depends on the contract, and if there is a survivorship clause in it.

Absent a clause covering that situation, I would guess the contract would remain in force with the heirs.

But-I studied just enough law to be dangerous.
 
That's what I'd have to say too. If it's written well enough,it can be a problem for the landowner. When Mike Stamp went bankrupt,the bankruptcy court said the leases were an asset and wouldn't let the landowners out of them. They sold them to another BTO and the owners had no choice but to let them come in and farm their land.
 
You don't say if you're the tenant or a survivor of the landlord. Presumably it's the former.

Generally speaking, the rights and responsibilities of a party to a contract pass to that party's heirs upon his death. So the lease remains in effect until it expires or is otherwise terminated. Assuming the landlord did not have a trust and died intestate, any rent goes to the landlord's estate.

The best thing for the tenant to do is proceed as if he is unaware of the death of the landlord. He should continue to mail rent checks to the landlord and otherwise carry on as if nothing has happened. He should only respond to requests from the executor of the estate once that person has provided proof of the landlord's death and that they are the legally appointed executor of the estate (or trustee of the trust).
 
A good rental contract will have clauses for early cancellation by either party. I would read the lease over very well, if you still have questions take it to a lawyer to have it interpreted. After you understand the lease, then go talk to the other party with your needs and an open mind. If both parties want to work together, they will find a way to work things out. If one party or the other wants out, the other party may have to accept that.
 
Yesterday's Tractors is always my first stop for legal, medical and dental advice. I'd be discussing this with an attorney if I were you.
 
I know you posted this just for general conversation and that is OK but I would see an attorney as to any applicable laws in your state. Around here it is pretty difficult to terminate for the current crop year if the current crop is on the land. I have heard of landlords dying ahead of the season and the heirs canceling the agreement. Still quite a few oral agreements around here so then it is a battle of wills when either party dies.
 
State law will come into play. The contract may carry on with heirs. Or the heirs might have to buy you out.
 
I've often heard that a contract between two people ends when one dies.

I've heard you can file at the courthouse so the rental contract attaches to the land, not to the person, and then the contract carries on.

I've heard they made some changes and it's a little harder to file at the courthouse the past 2 years.

Different states might have different rules, the above is generally what goes about.

I've never been involved tho, just what I've heard.

Paul
 
How can Amway run out of money? LOL

I'd heard two years ago that they were about to take his checkbook away.
 
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