In the past few days I have been thinking about the end result of our farm should or when I die. I know my wife would keep it till her death but than what ? The kids don't seem to love the land with their souls as much as us. This week--I've been called crazy, a gun toter and a few other names just because I love my land and I won't let land grapping real estate refugees come in and steal it. That is OK ! If someone wants to call names than let them get their jollies-- at least, if they are hounding me--they are leaving everyone else alone. I had several thoughts--sell the land to people of like mind and split the money for the kids ? or donate it as a park with conditions that it remain a farm-- like a living history farm of homesteading ? or maybe, one of my 4 children will some day fall in love with homesteading and promise to carry on the tradition ? I gave them life but, I cannot live thru them, so that is a choice not on the board as of yet. What have you conceived the fate of your homestead to be ? What legacy of homesteading can we insure future generations ? or, When we pass on, is the dream over and fate carries the day ? Joel Rosen

-- Joel Rosen (Joel681@webtv.net), May 05, 2000

Answers

I suggest selling it to someone of like mind with some sort of "development restriction." I don't know much about such things, but I do know there's a group that buys development rights in Marin County, CA so that the land will stay open and free. Then give the money to the kids, especially if you think that's all they'll appreciate.

-- Deborah (IL) (ActuaryMom@hotmail.com), May 05, 2000.

The way I see it, when I'm dead, I'm dead. I don't want to see my land turned into a surburb but then again I will be dead and won't see it will I. I know where your coming from but I have enough to worry about while I'm here when I am gone it's somebody's problem not mine. (The park thing is a neat idea but you might have to leave money to keep it going for a while)

-- Grant Eversoll (thegrange@earthlink.net), May 05, 2000.

Goes to a line of successive inheritors...we don't have children. After the siblings, nieces, nephews, etc., who cares? It either goes to the lawyers eventually, or the land developers, one way or another. I think it's sad that there aren't more folk interested in homesteading, but as far as this piece of land goes, it will probably be urban before I check out anyway. Leastwise that seems to be how it's going.

Joel, your writing style is so distinctive, I knew it was you writing before the end of the first sentence! Funny how identifiable our styles are! Some of us sound like we have multiple identities on this forum, BTW!

-- sheepish (rborgo@gte.net), May 05, 2000.

Joel, I don`t know why I always find it so amazing when someone else is pondering the very topic that I too have had on my mind, but inevitably I do.I am uncertain as to how to answer your question but wonder what does one do when both kids would love to have the land and homestead/farm?

-- Linda Foster (rcfam@csinet.net), May 05, 2000.

Just went to a sale last week for the estate of an elderly woman who had been one of the first teachers in the area. One of her sons is a Senator, and she didn't leave the farm to him, or anyone in her family. They hadn't spoken in years, and after her death, he came out and had plans to turn it into a mobile home development. Hah. She left the place to a good friend, an elderly woman whom she knew would keep the place as it is, just have some of the buildings restored. That woman didn't particularly want the responsibility, but took it on, and is doing what she knew the old gal wanted. I thought that was pretty neat, and great that the family members didn't contest it. It makes me really sad to go visit the area I grew up in, which was surrounded by fruit orchards which had been owned by families for years, and now they are gone and the place is wall to wall houses. Jan

-- Jan B (Janice12@aol.com), May 05, 2000.

Well, I disagree big-time with you, Joel about your gun thing as opposed to using your intellect and the laws that exist, but I am totally in accord with your "who gets the homestead?" question as it is mine. I am having such a problem with money and rotten neighbors that I have my land but don't live on it. Probably about the time i get moved to my land I will croak. I have beautiful land with two creeks on it, one being a big creek with two beaver dams. My neighbors want to shoot all living things on my land -- beaver, deer, turkey, even the wood doves. I have a concern about protecting my land while I am alive from the invaders and my land from the subdivisions when I die.

One of the good things happening in this country is that some folks are finally waking up and trying to preserve some of our "open spaces." There is a concept in Virginia of "Outdoor easements" endorsed by our Governor where you can put restrictions on your land, dedicating it to being left as forest or an open area. It's called the Virginia Outdoors Foundation. (Of course, there will be lawyers who can come along and break this.) I contacted them but got a snotty woman who said, "You'll have to have your lawyer call me," which really outraged me. I do not HAVE to do anything! So because I was very reactive about that rude treatment, I did not actually learn just what they do, other than that it's a government program which I do not believe pays you anything for this easement and it looks like they even make you pay for the legal services to give them something!

Another option is, you can leave your land to the Wildlife foundation or another such foundation but beware! They will sell it and use the money to print more brightly colored pamphlets.

I think the first person to discuss this with is the actual heirs, to see if they want the land. Shadow, on BWH, has what sounds like a marvelous homestead, but it's a real heart ache to him that his kids have grown up and become successful professionals. They do not want the homestead. In my case, I already discussed this with my son, who lives in California, and he cateforically not only doesn't want the homestead, he doesn't even want the land! He has sent me quite a lot of money to help me with my legal problems, but he could care less about the actual land. In the eight almost years I have owned it, he has only been there once.

Carroll County Maryland has developed the finest guidelines I have heard of as to protecting farmland. They actually pay you for your land on condition you dedicate it to farm use. The county I live in, Albemarle County in Virginia, had a meeting where this idea was presented for consideration. It was sad, not many people went to the meeting!

Joel, perhaps you could overcome your antipathy to government agencies and contact your local agricultural rep and ask about easements, dedications, etc? I think you ought to let your kids know what you are considering first, though.

-- Elizabeth Petofi (tengri@cstone.net), May 06, 2000.

Well it is my plan to give our land to my children, once I have it that is. If they don't want it then I would like to give or sell it very cheap to a young homesteading family who needs help getting on the land. I certainly wouldn't give it to some government agency. I'd rather die. Of course I'll already be dead. I also wouldn't want togive it to anyone who wouldn't use it. I say if people want open space quit building cities, but don't come take my land.

Little Bit Farm

-- Little bit Farm (littlebit@calinet.com), May 06, 2000.

Do you have any grandchildren? I have noticed that there is a tendency for kids who grew up on farms to leave the farm for city living, and then their children, who often get to come to the farm for weekends,etc, grow up longing to live on the land.Even if the grandkids are young, you could leave the farm in their name, with one of your children to manage it until the grandkids are old enough to decide if any of them want to live there.

-- Rebekah (daniel1@transport.com), May 06, 2000.

Thank You-- I never considered the grandchild but that is so correct about interest skipping a generation. Don't worry, Little Bit, NEVER would I consider the government. Whenever they are ask to touch their butt: You notice they are all pulling their ears. If I turn it into a park, I'll leave it to the Cherokee Nation-a people whose religion won't allow anything but what you wanted for the land. Elizabeth, I consider personal name calling rude--it is quite all right to attack a system, a thought pattern or group but I attempt to never single out an individual. You already consider me crazy so why you bother to help me is beyond my intellect ! The government is the largest criminal organization with a 200 year record of land theft, embezzlement and murder. I might get over that but not in this lifetime !!!!

-- Joel Rosen (Joel681@webtv.net), May 06, 2000.

What are the ages of your children? Are you sure they wouldn't want to keep the farm? Are they getting to the stage in their life where they are going to want to slow down and maybe get "back to the land"? My experience with kids is that they surprise you everyday with what their true feelings are about things. My two daughters stand to inherit our farm, and neither one of them say they would want to live here now but if I say anything about selling or moving they are quick to tell me I can't do that, and just let somebody trespass or talk about developing it and wow! they are hot. I don't believe it's because they want to sell the land and make big bucks, though it will probably happen since we're in a development area too. I think it's because it's a haven in a very hectic world for them. Is your farm someplace the kids like to come and bring their kids? Grandkids are a definate possibility for passing the land on. Sometimes it just takes time for young people to wake up and realize the good things in life. Maybe yours will someday. Good luck!

-- Betsy (betsyk@pathwaynet.com), May 06, 2000.

Have you considered a land trust? I read in our small local paper this week where a couple put 16 acres of their land into a trust. They still own the land, can sell it, leave it to heirs etc but, those 16 acres must be left undeveloped for wild life habitat. The article stated that when a person places land into the trust, they are able to specify how the land will be used in perpetuity. If you state only homesteading activites then no matter who owns the land in the future, they will be restricted to this use only. It also provides an tax break. The land is now worth less and is taxed accordingly. I do not know if this information is of any use or not but I was happy to know that there is something that we can do to protect the land. Too much of our local land is being sold to developers where I live.

-- Cheryl Cox (ccox33055@hotmail.com), May 06, 2000.

I've thought about this, too -- for wherever we end up, as we plan to sell this place soon. The two older girls have their own lives, which is fine -- our youngest is unable to live alone and take care of herself. I would like to figure out some way to leave the property for her to continue living on, as she would be happiest that way, but she'd have to have someone to take care of her. I hate to think she might end up in a "home" someday, being cared for by strangers. And I hate to think that after we put in years of work on a farm, that it could end up being turned into a subdivision. The homestead I grew up on in Alaska was cut up into five-acre house lots when my parents sold it, and that made me sick. Maybe grandchildren will be the answer -- though it would be asking a lot to expect them to take care of their Aunt Juniper, too. I don't worry about it, but I sure do hope that Jesus Christ will return soon!! And in the meantime, we have to consider possible solutions . . .

-- Kathleen Sanderson (stonycft@worldpath.net), May 06, 2000.

If you all get really stumped, I AM available for adoption! GL!

-- Brad (homefixer@mix-net.net), May 06, 2000.

Odd that some of you mentioned grandchildren having an interest in the homesteads. Our 8 year old granddaughter, who lives with us and we have legal custody of, told me out of the blue today while we were planting beans, that even after Papa and I die, she will live on the farm forever and take care of it, until she is an old, old lady and can't stand up any longer! I was surprised, in light of this just being a topic on the forum, as I hadn't said anything about it. Glad she feels that way, and I hope she always will. Jan

-- Jan B (Janice12@aol.com), May 06, 2000.

in my will i have left my homestead to a younger couple that have agreed to take care of my pets until the end of their national life. It may sound crazy but it makes me feel better knowing that if i die in the near future my home will be lived in by someone who cares and the animals i am now sharing my life with will be taken care of and my ashes will be spread in my cedar tree cemetary on the land i love. gail

-- gail (gef123@hotmail.com), May 08, 2000.

Joel.Grandchildren are your best hope, with a Land Trust & deed restrictions about future land use & development.Also by leaving it to the grandchildren your children(their parents)could still have use of the land should there be "sentimental" attachments they realize in old age.Talk to the grandchildren,buy them gift subscriptions to Countryside so they understand where your coming from.Perhaps have them write a paper telling you why they want it & what they would so with it and by all means consult your attorney about these options and your farms future.What does your wife think?I had no one who wanted my place which had been in my family since 1835,so sold it DIRT cheap to a likeminded young couple for $100.down and $100.per month for the rest of my life and then the note is forgiven!When the kids found out they were angry,but all admitted they would have sold it also...for much more money without thought to its future.I'm satisfied I did the right thing.

-- Boonie Johnson (booniejohnson@hotmail.com), May 09, 2000.