How many states have Heirs Property Act?

As of January 2021, 17 states and the Virgin Islands have passed the UPHPA, including Alabama, Arkansas, Connecticut, Florida, Georgia, Hawaii, Illinois, Iowa, Mississippi, Missouri, Montana, Nevada, New Mexico, New York, South Carolina, Texas, and Virginia.

What is heir property in Arkansas?

The Heir Property Act balances the rights of family members who want to retain their land with the rights of family members who want to sell. This became Arkansas law in February of 2015 and took effect January 1, 2016.

What is Uniform Partition of Heirs Property Act?

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property. If a landowner dies intestate, the real estate passes to the landowner’s heirs as tenants-in-common under state law.

Who are tenant farmers in the state of Arkansas?

In the late 1800s, twenty-five percent of American farmers operated as tenants. By the late 1930s, forty percent farmed as tenants. Today, almost all Arkansas farmers rent some of the land they cultivate. Modern tenant farmers tend to be corporate entities to take advantage of legal liability protection and other business and tax advantages.

Can a non-farm sibling rent land from a farmer?

Merle Good recommends long-term rental agreements. This way the farmer can access rented land from non-farm siblings who hold the title. The sibling may choose to never sell their gifted land to the farming sibling. Or they may ask for the fair market value, rather than FFP (Fair Family Price). I don’t see this happening too often today.

How many acres did people farm in Arkansas?

In some instances, such as on the Twist Plantation during the 1930s, some land was leased and other acreage farmed by hired help. Tenancy arrangements in Arkansas prior to mechanization typically were forty-acre operations. Family members provided all of the labor to plant, cultivate, and harvest the crops.

How are siblings entitled to use a property?

In either case, the siblings are tenants in common. Each tenant in common owns a portion of the property but can use the entirety of it. A common example is a house left to four siblings. While each may individually own 25 percent of the house, they are all entitled to use the entirety of the property for their own benefit.

In the late 1800s, twenty-five percent of American farmers operated as tenants. By the late 1930s, forty percent farmed as tenants. Today, almost all Arkansas farmers rent some of the land they cultivate. Modern tenant farmers tend to be corporate entities to take advantage of legal liability protection and other business and tax advantages.

In either case, the siblings are tenants in common. Each tenant in common owns a portion of the property but can use the entirety of it. A common example is a house left to four siblings. While each may individually own 25 percent of the house, they are all entitled to use the entirety of the property for their own benefit.

In some instances, such as on the Twist Plantation during the 1930s, some land was leased and other acreage farmed by hired help. Tenancy arrangements in Arkansas prior to mechanization typically were forty-acre operations. Family members provided all of the labor to plant, cultivate, and harvest the crops.

What was the typical tenancy arrangement in Arkansas?

Tenancy arrangements in Arkansas prior to mechanization typically were forty-acre operations. Family members provided all of the labor to plant, cultivate, and harvest the crops. For use of the land, they paid a percentage of crops harvested (called crop rent) or a cash payment (called cash rent).