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  1. #1
    Join Date
    Oct 2010
    Posts
    3

    Default Relocating a Business at the End of a Life Tenancy

    My question involves estate proceedings in the state of: California


    Don't know if this is the correct sub-forum, but its the closest one I see here.
    If it is the wrong sub-forum, I do apologize.


    My dad was living in his house under a Life Estate.
    My Ex-Stepmothers divorce attorney is the Remainderman.
    My dad passed away after me taking care of him for 2 years.

    The attorney has now come forward to claim the property. He gets the property and any permanent structures, but not the business (My dad left no will that I have been able to locate though. But as his only child, I assume it would go to me. He told me he wanted it to go to me, and I do have witnesses to that), which is on the property (horse boarding stables).
    The attorney came by last week and told several of the customers that he was now in charge of the property AND the business. And he did so without first talking to me. He is not a horse person. Not to be insulting, but when it comes to their horses, horse owner are VERY finicky and sometimes difficult to deal with. But I have been around it my whole life, so its normal to me.
    Well, I guess the attorney didn't come across very well because now 2 of them just moved out, after being here for over 10 years. They just didn't feel comfortable with this "new guy". I can also assume, with some authority, that they would likely have been here another 5 - 10 or even 20 years. We have (not in the had category yet) a few customers that have been here for nearly 20 years and with 2 - 3 horses over that time, so my assumption is not without merit. And in this business getting another horse when one dies and staying at the same boarding stables is very common.

    The business was already on a razors edge.
    These 2 leaving puts me out of business.
    And I suspect that there will be others that will leave.

    I have read the court proceedings and to me, it appears pretty damn clear that the business, while on the property, was NOT part of the settlement.
    I'm guessing this attorney is assuming I am just going to accept what he says as gospel and bend over.
    I don't think so.
    This attorney does have a bit of a reputation around here for being less than 100% ethical and/or moral.

    This attorney, thinking he was just going to get it all has destroyed my business.
    My budget has been a struggle month to month (hay doubling in price, literally overnight, a little over a year ago really messed me up).

    So at this point, I am considering something I have never considered before. Lawsuit for lost wages and loss of future income.

    Thoughts?

    Thank you

  2. #2
    Join Date
    Apr 2009
    Posts
    318

    Default Re: Life Estate and a Business and Other Disasters

    Since the property and the permanent structures apparently now are owned outright by the attorney, where were you planning on conducting this business?

  3. #3
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Life Estate and a Business and Other Disasters

    Well, being that I am damn near out of business as of this morning, I'm probably gonna have to close up shop.
    But there are a lot of business assets I can sell off to get me out of debt.
    I'm kind of screwed as far as I can see ATM.

    Its a horse boarding stables and all the pens are portable pens, not permanent structures nor part of any permanent structure.
    With some new land, I could move elsewhere and be ready for business within a few weeks, or less, but buying or even renting a new place is going to cost far more than I have available.

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