Inheriting a small orchard (need advice)

DedicatedShooter

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Apr 1, 2010
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I’ve seen people post similar topics in here before, just looking for advice from anyone with experience or good ideas. I’ll try to cover all pertinent items below. Thanks up front for any advice or input.

Here’s the deal, I stand to inherit a 40 acre fruit orchard when my uncle passes away. Apples, pears, and peaches still producing on roughly 15-20 of the acres. Less and less every year as he’s 77yrs old and can’t keep up. This may be his last season. The rest he has leased out to neighbors for corn, wheat, soy. Property has a great well located at the high point on the property, he pumps to a tank and gravity feeds the orchard for irrigation when needed. He lives in a double wide that’s close to the road, has a large enclosed barn for equipment storage and fruit sorting, storage. Large walk in cooler too. He has no children or wife and the will is completed and signed. Back of the property has a large stand of Oaks that cover the width of the plot. It’s a large rectangle basically. Nice pond on the property as well. Property is surrounded by farms.

I don’t intend to settle in OH. Few years left until retirement from AD, wife and kids are permanently settled in the PHX area and we don’t plan on leaving even after I transition out. We would like to spend time at the farm so the thought is to build out there one day, something small for us to enjoy the OH summers and deer hunt in the fall. Selling is out of the question. Grandpa bought it in the 50s and it’s not leaving the family.

Question is, say he passes (god forbid) in the near future…or even when he eventually does… I don’t want it to sit and get overgrown, then there’s the liability piece as well with random trespassers. Would likely auction the equipment and have the double wide hauled off. Not sure what the best path forward is. Thought about forming an LLC and continue leasing it out to collect that income under an ag business of some type and then zone out a plot for a future cabin that I own personally.

Unsure what my options are or what other’s experiences may have been. Appreciate any advice!
 
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Keep the equipment for maintenance of property. it's paid for and doesn't cost anything for storage.

Keep the dbl wide.

Pretty much maintain status quo...but hire a property management firm to find SUITABLE renter. When you find the right person, offer them a great deal on the rent to maintain the property.

The other option is to just hire a property maintenance company to keep it maintained.

Either of those options can be held under a farm tax exemption if your state offers such...most do. Any sort of personal property ownership, keep it as small as possible to avoid the property taxes.

Mineral rights?
 
Keep the equipment for maintenance of property. it's paid for and doesn't cost anything for storage.

Keep the dbl wide.

Pretty much maintain status quo...but hire a property management firm to find SUITABLE renter. When you find the right person, offer them a great deal on the rent to maintain the property.

The other option is to just hire a property maintenance company to keep it maintained.

Either of those options can be held under a farm tax exemption if your state offers such...most do. Any sort of personal property ownership, keep it as small as possible to avoid the property taxes.

Mineral rights?

Not a bad idea, I have not considered that yet. You’re right though I should keep some equipment.

The double wide would need some work to be livable for most folks. He fixes things when they break and has kept the place up but only to a point. A good deep cleaning would likely not bring it up to even the lowest suitable standard.

Agreed on the personal property, that is my concern…taxes and liability. Just not sure what type of entity to utilize for the majority of the property.

Mineral rights, unknown at this time. I assume he has them as no one has drilled on the property and he didn’t sell them during the shale boom. I need to find out.
 
Since he has already leased out part of the property to his neighbors that farm, I would talk with them as well to see if they would be willing to lease the orchard part as well and keep that going when he passes away. Assuming that is what you want to do.

At the present, do you spend any time with him during the year? If you don't, then I doubt that you will spend much time there after you retire and he passes away, since you are in the Phoenix area. I don't mean anything personal by asking that.

I and my sister still have my Mom's place on a Lake that is nice. It is only 2 hrs away from me, but I only go there a couple of times a year when my sister comes up to visit. That is why I ask.
 
When it passes to you put it in a single owner LLC remove
The double wide its a liability. and as said above lease the place to neighbor(s) straight lease or crop share arrangement. If you are never going to work it your self sell the equipment as well neighbors may want some or all. Down the road build a new house on the non ag part of the property. Again as noted above legal counsel can help before and after he has gone to the big orchard in the sky. No idea lease rates for an orchard but may provide you a little cash.
 
I'd talk to an estate attorney and likely a tax attorney (that know OH laws) as soon as possible. There is a real possibility that there are legal and financial moves that can be made by your uncle that could save your family a whole lot of money down the road and that might not be available after he passes. I'd also ask the uncle for a run down, and maybe even an in-person introduction to his neighbors and friends in the area so you get an idea of who can be trusted, who can't be trusted, and who might be a good candidate to rely upon for help in the future (or keep an eye on the farm once the uncle passes so things don't go missing once the neighbors find out). I'd also work with the uncle to get an accurate list of any valuable personal property and equipment so you will know if anything goes missing.
 
Basically do what you have to to keep any ag tax exemptions and lease it to someone in the area to use as is and upkeep the place.

You won't make much in the end but you will keep the place and not lose any money. That is a good deal these days.