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Rank: Hello Joined: 2/20/2015 Posts: 3
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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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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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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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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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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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Rank: Elder Joined: 9/23/2009 Posts: 8,083 Location: Enk are Nyirobi
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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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Rank: Member Joined: 11/21/2006 Posts: 608 Location: Ruiru
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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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Rank: Elder Joined: 7/22/2009 Posts: 7,459
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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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Rank: Veteran Joined: 2/10/2010 Posts: 1,001 Location: River Road
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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.  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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Rank: Member Joined: 12/15/2009 Posts: 142 Location: Nairobi
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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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Rank: Veteran Joined: 11/21/2006 Posts: 1,590
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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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Rank: Elder Joined: 6/23/2009 Posts: 13,530 Location: nairobi
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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
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Rank: Hello Joined: 2/20/2015 Posts: 3
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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 Thanks Swenani, I may consult @Mawinder with caution 
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Rank: Hello Joined: 2/20/2015 Posts: 3
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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. Thank you all for the wonderful advise, after considering and much deliberation, I spoke to her and we agreed to call a family meeting just to try and iron out issues. @Sparkly, the 2nd option you have given above seems like what she would desire. I am thinking of talking to her to put it in trust and choose atleast 3 of us to be in charge. Her main fear is that my bros may misuse these properties and even sell them out, She is quite advanced in age and has grandchildren and great grandchildren whom she wants to also benefit as she tells me she sees great potential in them. She had written a will, but now she says she has a change of mind on how to distribute the property. She is very wise, I do consult her alot, right now as @Mainat puts it, she is emotional and I am hoping she will have calmed down when we will have this meeting. I do appreciate this rich advice from all who've contributed as I work out the best way forward on how to bring a win win for all.
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Rank: Member Joined: 9/2/2010 Posts: 845
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Some decent advice here. My two cents on soft issues. Remember that chances are your mother will pass on before all of you. You and your kids will be left with your many siblings, nephews and nieces as your immediate family. You want to at least have a neutral even if not close relationship with them and not an adversarial relationship. Not sure the financial status of all your siblings but the last thing you need is a sibling blaming their poverty on you stealing their inheritance. Do the fair thing for the sake of their children irrespective of your siblings bad relationship with your mother. All my friends are heathens, take it slow. Wait for them to ask you who you know. Please don't make any sudden moves.
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Rank: Elder Joined: 10/28/2008 Posts: 2,276 Location: Kibish
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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  Nadondosha meli kubwa seuze ngalawa!
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Rank: Veteran Joined: 2/2/2012 Posts: 1,134 Location: Nairobi
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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. Ask her to incorporate a holding company and transfer all properties from her name to the company. After that, she can distribute shares in the company to her children. If she trusts you the most, she can give you a controlling stake, that is, more than 50% of the shares. After doing all that, she can call a family meeting and INFORM everyone what she has done and why. When she finally passes on, the only property for division will be her shares in the company - not the individual parcels of land.
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Rank: Veteran Joined: 2/2/2012 Posts: 1,134 Location: Nairobi
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Sharing 4 parcels of land amongst 9 siblings is quite difficult!
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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You can also check on 'fair division mathematics' for some insight.
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