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Timber Removal - East Texas

Started by GraceNmercy, August 28, 2015, 07:13:02 PM

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WH_Conley

I will have to jump in on the side of hiring an attorney. Same thing happened here a few years when new road was built. I knew the deputy sheriff that had to serve paper work on over 30 people that still lived local. Don't know how many total. There were people that didn't even know they owned a share in the old place with their hand out.
Bill

beenthere

Quote from: GraceNmercy on August 31, 2015, 09:58:28 PM
No problem at all. I know it's a confusing situation, but will be straightened out in time. In the mean time I'd just like to do something with the timber TxDot will eventually clear. Will need to use it to repair fences once once the new boundaries are set and put new gates up. The other funds will towards what we're paying the lawyer to straighten this stuff out with locating other heirs and bringing things up to date.

.....

The situation is very interesting.  Such lost heirs apparently happens, maybe more often than not.
You bring up the point of your lawyer sorting stuff out and bringing things up to date when locating other heirs.

Am curious what "bringing things up to date" means? Would it be signing off on the property they are heirs to, or getting bought out? Or just establishing that they have an address and location?
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

GraceNmercy

Quote from: beenthere on September 01, 2015, 10:27:30 AM

The situation is very interesting.  Such lost heirs apparently happens, maybe more often than not.
You bring up the point of your lawyer sorting stuff out and bringing things up to date when locating other heirs.

Am curious what "bringing things up to date" means? Would it be signing off on the property they are heirs to, or getting bought out? Or just establishing that they have an address and location?

My grandma knows most of the heirs but there are a few from the younger generation who's parents moved out of state that she doesn't know. We actually got a call from some great grand kids who lives in Tennessee  that she knows nothing about when one of the gas companies were trying to get a lease. One of their older closer relatives referred them to us since we handle everything. When they found out from the man contacting them that they were only get $2 or $3 they lost interest.

Getting things straight means locating and contacting all those heirs we don't know as well as those we do to see if they wish to sell. Those that don't wish to sell and still wish to be involved will be contacted about the importance of a trust or LLC and sent the paper work. A 2-3 person committee of trustees will be established who has the authority to legally sign off on and major business decisions.   

Ianab

That was my thinking reading through this. That you need a trust (or company) with official beneficiaries or shareholders. It then becomes it's own legal entity for business and tax purposes and the trustees or directors can run the day to day operations like selling timber etc

My Father died a few years back, and his will specified that we set up a trust for his assets, and the income gets paid to my Mother until she dies. This way the assets are not counted as my Mothers, and she can't "loose" them for any reason. But she has the income to support her if she needs it.  This is a simple set up with only 3 beneficiaries. Unless me or my sister die first, in which case our children inherit that share. Technically we could re-do the trust and keep a growing group of beneficiaries, but there is no real estate involved, so chances are we will just dissolve it and split the assets in the future.

But if there was "family land" involved it would be possible to keep it operating with a list of beneficiaries or a "buy-out" option etc.   
Weekend warrior, Peterson JP test pilot, Dolmar 7900 and Stihl MS310 saws and  the usual collection of power tools :)

Left Coast Chris

Another option would be to put a provision in the sale with the DOT to buy the land only and the highway contractor must cut the trees and deck the logs on your property as part of the purchase agreement.   Our DOT (Caltrans) will do that with land owners pretty frequently.   Highway contractor has to clear and grub the new right of way anyway so it is not much more expense to stack and deck the logs on your adjacent remaining property.    Just watch out for wood cutters that could move in and cut it for firewood on a weekend while construction is shut down.
Home built cantilever head, 24 HP honda mill, Case 580D, MF 135 and one Squirel Dog Jack Russel Mix -- Crickett

GraceNmercy

Well that's the plan to get the ball rolling on setting it up. Just don't think it will be done before they come through with the road so I'd like to do something with the timber before then....

Quote from: Ianab on September 01, 2015, 07:41:28 PM
That was my thinking reading through this. That you need a trust (or company) with official beneficiaries or shareholders. It then becomes it's own legal entity for business and tax purposes and the trustees or directors can run the day to day operations like selling timber etc

My Father died a few years back, and his will specified that we set up a trust for his assets, and the income gets paid to my Mother until she dies. This way the assets are not counted as my Mothers, and she can't "loose" them for any reason. But she has the income to support her if she needs it.  This is a simple set up with only 3 beneficiaries. Unless me or my sister die first, in which case our children inherit that share. Technically we could re-do the trust and keep a growing group of beneficiaries, but there is no real estate involved, so chances are we will just dissolve it and split the assets in the future.

But if there was "family land" involved it would be possible to keep it operating with a list of beneficiaries or a "buy-out" option etc.

GraceNmercy

Now that sounds like a great idea...I wasn't sure if they would take it away or leave it if requested, but if they leave it and stack it as you're suggesting then that may be the route to go. Then we can sell or use it without the hassle of us cutting or finding someone else to do it..

Quote from: Left Coast Chris on September 02, 2015, 12:57:13 AM
Another option would be to put a provision in the sale with the DOT to buy the land only and the highway contractor must cut the trees and deck the logs on your property as part of the purchase agreement.   Our DOT (Caltrans) will do that with land owners pretty frequently.   Highway contractor has to clear and grub the new right of way anyway so it is not much more expense to stack and deck the logs on your adjacent remaining property.    Just watch out for wood cutters that could move in and cut it for firewood on a weekend while construction is shut down.

Ron Scott

Yes, that's an option that's done here also.
~Ron

GraceNmercy

Well I talked to the Dept. of Transportation and they send me the plan of where they intend to expand the highway. It will total about 2.67 acres all to the north, so our larger perperty to the south on the highway won't be affected. However the side that is being affected has a larger amount of timber, so after talking to a friend I who owns a sawmill about 25 miles away, I plan to start cutting the trees myself and taking them to him using two 16-20 trailers. I'm investing in a chainsaw and one of the guys who hunts our place will bring his and we will start off by cutting the big cedars and pines first. I'll sell half and let the friend at the sawmill mill me some boards to remodel (cabin style) the old homestead and the barn. We will clear as much as we can on the  trees with 10-20 inch diameter and I'll have the highway department to just leave the old oaks on the property as some of you have suggested. Many of the old oaks and pines are 2.5 - 4 feet across and I don't plan on handling anything like that. Here is a pic of the area they plan to acquisition...


 

treeslayer2003

why wouldn't you take the larger ones? they are the logs you want......10-20" are small.

Plankton

2.5 to 4 ft oaks will bring you some good money even though the oak prices are down right now. If your leaving anything leave the small stuff for the highway to deal with

treeslayer2003

Quote from: Plankton on September 10, 2015, 04:26:54 PM
2.5 to 4 ft oaks will bring you some good money even though the oak prices are down right now. If your leaving anything leave the small stuff for the highway to deal with
white oak down for you too? its hot here, wish i had more of it.

Plankton

Not to much white oak to be found around here but red oak is low right now, around 500 for grade 1.

treeslayer2003

Quote from: Plankton on September 10, 2015, 08:15:17 PM
Not to much white oak to be found around here but red oak is low right now, around 500 for grade 1.
oh.........i'm doing better than that on reds......6-700. hope fully it turns around for ya soon. it always does at some point.

GraceNmercy

Quote from: treeslayer2003 on September 10, 2015, 03:54:24 PM
why wouldn't you take the larger ones? they are the logs you want......10-20" are small.

Figured those would be easier to handle being a novice at this. I've cut trees but never anything as large as some of these and so I figured it would be easier to cut the trees with 10-24 inch diameters. Plus I don't want to attempt to cut any of the huge southern red oaks that are growing on an elevated slope over the current highway...too risky for an amateur like me. As for the huge water oaks in the bottoms I figure I'd have to wait for a friend of mine who helps with things like this to get home from college and come over with the tractor so we can haul them out of the lowland area. Not sure how many that size and get on a trailer though. If I do happen to find someone else willing to cut this small 2+ acre piece, perhaps we can offer a little more and allow them to cut the timber off 2 lots we own about 5 minutes up the road also has large timber...That would give a total of a little over 3 acres to cut. Anyway, I have a little time to work on it and figure out exactly what to do But I will still start cutting the large cedars myself in the next month or two...

Ianab

Sounds sensible to start with the ones you are comfortable with and have the equipment to handle.
Get help with the bigger ones.
Leave the ones close to the road for the pros.
Weekend warrior, Peterson JP test pilot, Dolmar 7900 and Stihl MS310 saws and  the usual collection of power tools :)

stpestan10

Where in Texas? I am in eustace, looking for house logs and saw logs, mostly pine.

Banjo picker

Any thing that you leave for a clearing contractor, will likely be pushed over with a large track hoe which will ruin some of your logs.  They will be embedded with what ever type of soil or rocks you have in the area as well by the time they get stockpiled at your designated location.  Just sayin... Banjo
Never explain, your friends don't need it, and your enemies won't believe you any way.

stpestan10

Where you located on 175. I might can help.

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