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spiderbee
#1 Posted : Friday, February 20, 2015 10:10:47 AM
Rank: Hello

Joined: 2/20/2015
Posts: 3
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.
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mawinder
#2 Posted : Friday, February 20, 2015 3:47:43 PM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.

Get in touch with me.I have one of the leading advocates experienced in succession matters.
ellyodhong@gmail.com
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Swenani
#3 Posted : Friday, February 20, 2015 5:15:56 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
mawinder wrote:
spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.

Get in touch with me.I have one of the leading advocates experienced in succession matters.
ellyodhong@gmail.com


Mawinder will swindle you
If Obiero did it, Who Am I?
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sparkly
#4 Posted : Saturday, February 21, 2015 7:48:15 AM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.


@spiderbee you have been given a huge responsibility and you will need a lot of maturity to pull it off. From your writing I presume you are one of the sisters.
The alternatives available are as follows:
1. Inter vivos gifting - Your mom can devide the property while still alive.
2. Will- She can write a will on how the property will be devided after passing on.
3. intestate - you can just wait for her to pass then administer the estate after she is gone.

Some of the things to bear in mind-
1. The constitution gives equal rights of inheritance among children.
2. The kenyan laws also recognizes African customary particularly the doctrine of some members of the family holding family lands in trust for present and future generations.

Your priority would be to try and get your mother to share out the family properties fairly when still alive, respecting the constitution and customary laws.

This will need goodwill and co-operation among the siblings.

A word of caution, do not attempt to disinherit any of the siblings even those who have not been helping your mother because if you do so, you will never know peace.
Life is short. Live passionately.
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GGK
#5 Posted : Saturday, February 21, 2015 9:55:56 AM
Rank: Member

Joined: 11/21/2006
Posts: 608
Location: Ruiru
Why not form a company and divide the shareholding into 10 equal parts....one for each sibling and one for your mum.
Transfer the property to the company.
Develop the idle plot (you can get a loan using the other properties).
Manage the rental business commercially and be sharing dividend quarterly.
"..I am because we are. "― Ubuntu, Umtu,
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MaichBlack
#6 Posted : Saturday, February 21, 2015 11:06:29 AM
Rank: Elder

Joined: 7/22/2009
Posts: 7,895
Swenani wrote:
mawinder wrote:
spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.

Get in touch with me.I have one of the leading advocates experienced in succession matters.
ellyodhong@gmail.com


Mawinder will swindle you

Seconded!!!

Be careful while dealing with @mawinder. He manages a notorious Gachie mob! Hopefully you are not new to wazua and you know this!!!
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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mkonomtupu
#7 Posted : Saturday, February 21, 2015 11:45:27 AM
Rank: Veteran

Joined: 2/10/2010
Posts: 1,001
Location: River Road
GGK wrote:
Why not form a company and divide the shareholding into 10 equal parts....one for each sibling and one for your mum.
Transfer the property to the company.
Develop the idle plot (you can get a loan using the other properties).
Manage the rental business commercially and be sharing dividend quarterly.


Applause Applause Applause Applause good idea but it will never work if the siblings are unresponsive to family matters. If the brothers cannot come to see the mum do you expect to contribute to the success of the company. it's better for your mum to fairly distribute the estate while she is alive otherwise you are heading into strife.

If you have a young family its best to form a company to hold the family assets and do so some estate planning
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shalishali
#8 Posted : Saturday, February 21, 2015 12:28:15 PM
Rank: Member

Joined: 12/15/2009
Posts: 142
Location: Nairobi
let your mum distribute the properties fairly when she is alive and in good health, but fairly does not necessarily mean equally. A will is also good but if grossly unfavorable to most of the other siblings, it may be challenged by siblings in court which will end in the family losing a lot in legal fees-you know how some wakilis behave.
UKITAFUTA UKABILA UTAKUFA BILA!
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Mainat
#9 Posted : Sunday, February 22, 2015 7:11:38 AM
Rank: Veteran

Joined: 11/21/2006
Posts: 1,590
I would counsel your mum (who is reacting emotionally) to avoid doing that for your sake since you won't enjoy that inheritance. In the same vein, avoid using her estate to launch business ideas. Your brothers and maybe others won't appreciate your effort.
If you can, advise your mum to divide the estate equally as far as that is possible.
Hence, perhaps sell everything and give everybody something small. That maybe too extreme, in which case another idea would be to value all the different real estate pieces and then divide them equally i.e. you and a sister could have one plot, two brothers another.
The best idea would be to put your mum's estate into a company in which you all have equal shares, but that may not work if some don't contribute their efforts to build up the estate.

A lawyer will only help you undertake your decision, he or she will not tell you which is the best course of action.
Also, avoid trustees, they'll take advantage of likely family squabbles to eat your inheritance.

spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.

Sehemu ndio nyumba
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obiero
#10 Posted : Sunday, February 22, 2015 8:13:54 AM
Rank: Elder

Joined: 6/23/2009
Posts: 14,302
Location: nairobi
sparkly wrote:
spiderbee wrote:
Dear Wazuans,

I need some help. I come from a family of 9 kids (4 boys & 5 girls) and I am the 8th born. My dad passed away when i was very small and was raised by my mom. Fast forward, she gave me a call recently and told me that she wants to leave me in charge of the family estate. we have 4 parcels of land in one of Kenya's upcoming towns. Two of these have rental houses while one has our family home which we grew up, one is idle. When I asked her the reason for her decision, she said she is really disapointed with my brothers who have not been helping her. A number of occassions she has been unwell and I have always rallied my sisters to contribute money for whatever needs she has. There has been a number of occassions (details i dont want to delve into), which my bros have been unresponsive to family matters but I am afraid that her decision may lead to a further drift in our family. Any advise and / any reference to a good family lawyer will be really appreciated.


@spiderbee you have been given a huge responsibility and you will need a lot of maturity to pull it off. From your writing I presume you are one of the sisters.
The alternatives available are as follows:
1. Inter vivos gifting - Your mom can devide the property while still alive.
2. Will- She can write a will on how the property will be devided after passing on.
3. intestate - you can just wait for her to pass then administer the estate after she is gone.

Some of the things to bear in mind-
1. The constitution gives equal rights of inheritance among children.
2. The kenyan laws also recognizes African customary particularly the doctrine of some members of the family holding family lands in trust for present and future generations.

Your priority would be to try and get your mother to share out the family properties fairly when still alive, respecting the constitution and customary laws.

This will need goodwill and co-operation among the siblings.

A word of caution, do not attempt to disinherit any of the siblings even those who have not been helping your mother because if you do so, you will never know peace.

@sparkly must be over 100 years old.. great advice
COOP, IMH, KEGN, KQ, MTNU
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