Well it is the Day before opening of Rifle and I got the worst Deer Hunting news today. Land owner passed last week and brother who is inheriting the land told us we have to get off the property. Yes, the day before opening of Rifle. All of my cameras and everything are 6.5 hours North of where I live (Cleburne) so my buddy is going to grab everything for me as soon as he can. The new to be Land Owner is not giving us our money back either and we would have to take him to court and see if it even stands up in court. Would probably cost me more then the $1800 to lease for the year, who knows how much in corn at this point, and fuel of going back and forth to be ready so I don't even know if it is worth it. I was suppose to head up Wednesday after work for 5 days that I took vacation for.

Anyone that might have a place or know of anything please send it my way. This is not about me as much as it is teaching my boys (11 and 16) about why we hunt, ethics, and managing so that they can gain experience and pass it on later down the road. My 16 year old is absolutely hooked after getting his first Deer last year (Old Spike because he was too nervous to shoot a 5.5 year old 10) and I have not even told him yet. My 10 year old was able to hunt last year for the first time in some bad weather so he doesn't even know if he likes it or not yet. So I am on damage control at this point asking for help at the absolute wrong time I know. But I have to start somewhere even if it means not having a place until next year!

Thanks to all who read this and Good Luck this season,

JD

Do you have anything in writing? The brother usually cannot take over the land that quickly. Maybe if he has some sort of power of attorney?

Need more details, passed land owner married? Children? What is the land currently being used for?, cattle, farming, or just sitting there.

yeah I would at the least be after a refund - that is sorry of the brother

There is still a lesson to be had for your boys - some people have no integrity whatsoever.

Yes we have an agreement in writing but nothing in regards to “death” or anything regarding the matter. Read a post awhile back on here regarding a guy who had issues with his landowner breaking agreement and GW told him that paper signed by the two wouldn’t stand up in court so that is what I was wondering?!?!

Not sure about POA for the brother. Landowner’s wife passed away few years back and he has a Son. Son and Dad were not on talking terms because of either drug or alcohol Issues with son. Brother who will inherit land has 600 acres joining the 600 acres we are on. They run cattle on both and during Deer Season the cattle Get moved to brothers land since nobody is allowed over there. I am guessing that is why he is getting land and who knows what else. We are going to try and talk to the brother one more time and see if he can understand our side. If not, phone calls will be made for further questioning!

100% agree Creekrunner. Just being a sour puss about it because we have put a lot into the property and getting it to where it is. Plus all of my gear being there and a long drive to get it.

Sorry to hear that. Most people would honor the terms of the lease. This guy is a major AH. I will pass on that suing in court is costly, takes much time, and is not always what it seems. Here is what I mean. Many years ago I was in a civil situation involving making a loan to a so called friend. Not one cent was paid pack. Off to court. I "won," and he still did not pay. No integrity what so ever. The best lesson I learned was not to loan money to anyone. If someone asks, I decline, or if my heart feels it, give him/her the money. The other lesson learned was to accept I was wronged, and cut my losses. I suggest getting your property, and moving on.

My best suggestion for this season is to find an affordable day/weekend hunt package to keep your kids’ interest satisfied. Then look for a longer term solution after this season-

Brother is still in shock

I agree. He did agree to allow us to take him for breakfast and coffee Thursday morning. If he can sit down and get to know us and understand the past we have with helping his brother with the cattle, level the road in to the property from rains, keep the water wells running out of our pockets (just put new solar panel systems in about a month ago) and most importantly we respect the land as if it was ours, he may have a second thought. I know he is hurting inside and that is okay!

Go to TYHP.org and sign your boys up for a few hunts. They need hunter safety eduction, but this program prioritizes first time hunters with the org as well as the older kids.
I’ve guided a few of these and actually participated as a hunter with my son at the king ranch a couple weeks ago. Good opportunities to get them on something this year.

You're nicer than I am. I'd have driven up, loaded all my chit, and done way more than $1,800 in damages before I ripped the gate off on the way out.

Then you get talk with the Sherriff.

So.. I can't imagine that the estate isn't still in probate. Courts just don't move that fast. Until the land is in his name I'm not sure he has the legal right to break your lease. If he inherited a rental property, he couldn't put the renters out. Before I simply cleared off his land I'd at least take the agreement you had with his brother to be reviewed be an attorney that specializes in rented rights. Just my

POA is useless after death.......

Unfortunately there's nothing you can do if he doesn't want you on the property. I'll assume the brother is the executor of the estate and if he is, he as full authority of the assets until they are distributed.

If the deceased landowner had the land in a trust with his brother as the beneficiary, that avoids probate all together fyi.

The only thing you can do is contact the court when they publish his death (Which they do for creditors to contact the court with outstanding debts). The judge can/will award all debts to be paid off first before transfer of the assets. The estate will have to play that, whether by liquid cash or by selling assets until all debts are satisfied).

Trying to go to small claims court is worthless. They can award you all damages and there is nothing you can do to force them to pay in Texas. Nadda, Zippo, etc.... Techincally the contract you signed with the deceased landowner disolved the moment he died (Been there, done it have the Tee-shirt).

Thanks for the great advice. We are sitting down with the brother Thursday morning for breakfast.

Good luck sir I hope for your boys sake y’all can come to an understanding for at least this season

Good luck...if there is a chance, in my opinion that is your best one. Face to face and just reasonably talking through what is happening or needs to happen.

Bingo

How did it go?

He is giving us until Sunday to Hunt and get our stuff out. He will be writing a check Sunday for 100% of what we paid if we don’t get anything and 75% if we get something. Him and his brother are both owners of the land so that is why he can make changes as he wants. He will have 100% of all of it once everything is finalized. So as we were told they both had 600 acres, they both have 1200 acres shared. Inherited from there Dad many years ago. Very nice man, just doesn’t want the headache right now was how he broke it down.

That stinks but at least it is fair with the refund.

Agree, it could have ended much worse.

A written would have solved most of these problems
Great news you guys worked it out