Thoughts on a Woods back hoe...

[Indydirtfarmer]

Yesterday I was approached about mowing 59 acres near the house. It belongs to an estate at the moment. The owner passed away about 6 months back. He had his own tractors and equipment. His son carted all of that off when he found out his sister was executor of the estate. She is trying to get everything back. Meanwhile, she needs the place bush hogged. This is where the back hoe comes in...

He dad had just recently bought a Woods 3-point back hoe. The son didn't feel the need to take it. It has a few hours use, but barely enough to weat the paint on the bucket. There's a 12" bucket, and what appears to be about an 18" bucket with it. (I don't know the model #... Not even sure if Woods make more than one model) The back hoe has been offered to me for 25 hours of "credit" on mowing. (@ $60 an hour, that translates to $1500) I have no clue as to the purchase price or the used value of this hoe. Any ideas? I'd like to have it. Looks to be quite handy.

OK! Let's hear the skinny on a Woods 3-point hoe!

 

[SteveCornell]

You better jump all over that offer, without knowing the model it's probably around a $6000 hoe (or more), you could easially get $4000 for it if you didn't have any use for it and wanted to sell it.

 

[RobS]

Purely financially, that's a huge deal! You'll easily pay double that for a three point hoe and even more for a subframe model.

Of course you'll have to determine if it will fit, if you need it and if you want a three point model. If you're anything like me you'll enjoy every moment at the controls. It's just about the most fun you can have with your clothes on /forums/images/graemlins/smile.gif

 

[Dargo]

I've probably spent more hours considering a 3 pt backhoe than I'd care to admit. I've even used several for hours that I borrowed. They definitely can do some work, but don't confuse one with a real backhoe as you know one. My take on one is for the price you mentioned, I'd be all over it. For four grand (or more) I'd pass - and have. /forums/images/graemlins/smile.gif

Grab that puppy. If you don't like it, you can sell it for more than you have in it.

 

[Indydirtfarmer]

Better make myself clear on one issue... I am going to jump on the deal. No way I'll pass on it. Out of pocket expenses on the mowing will be less than $150 (hauling to and from site included) That''s a fairly new back hoe for $150, and some time.... I can't say no to that. My questions are more like "What sort of hoe is this"? What are the weak points? Anyone with one?

 

[Tom_H]

You aren't going to like hearing this, but I wouldn't be responsible if I didn't say it.

I've had to be executor of an estate where the person who died had been incapacitated for awhile and fraud was involved while he was. This brother and sister are already at odds with each other. What he did is illegal and he could face both civil and criminal liability. Some district attornies are very aggressive in this type situation while others don't want to get involved in family matters if at all avoidable. Probate judges can also range from hard line to wishy washy.

The executor is required by law to sell property at market value, unless all heirs under the will agree in writing to waive that requirement. If she makes this barter with you for below market value, the brother has justifiable reason to sue the estate and the executor for fraud and illegal sale. A judge might simply deduct that from her inheritance, but he may actually declare the sale to be illegal and order you to return it.

This is a family feud that I personally would try hard to stay out of. Dealing with one's own family problems is enough distress without getting into the middle of someone else's. If you knew this family well and knew they were all on good terms, this would be different, but you have indicated that they are not.

It is a good price, but it has the potential to become a quagmire. If you already have a family lawyer who will give you 5 min. on the phone for little or no charge, I'd surely recommend talking to him or her. I can't tell you what to do, but like the saying goes, "If it sounds too good to be true, it probably is." I hate to bust the bubble here, but I'd also hate to see you sucked into somebody else's war. I hate to sound pessimistic, but I just gotta' say tiptoe carefully, you're in the middle of a mine field.

 

[MMM]

I disagree Tom.

Indy, I'd take the hoe and have her sign invoice in case something happens like Tom stated. You could always give it back slightly used and get your pay for cutting (before giving hoe back /forums/images/graemlins/grin.gif).

 

[Clyde]

Tom - your advice is definitely in the realm of realism. The brother has already walked off with the hardware and anything else he could readily carry off. Soon the sister is going to want her legal half. The only one's to profit will be the lawyers and sadly that is the American way. A legal nightmare will ensue I'm sure.

Indy, this is a great deal for you except the legalities. Look at it this way....to make this work for you in order to put it on your tractor- you'll have to make it a sub-frame mount. I would never, ever, install a 3pt BH on my tractor if only because of warranty issues after the backhoe tore off my top link from it's castings. I doubt if any tractor manufacturer warranties a 3pt BH attachment. I've seen a JD 4020 torn apart with a 3pt hookup BH. If you end up with it, either convert it to a subframe hookup or sell it. Wood's has subframes available for most of the newer imports on the market now.

 

[Bird]

Tom, I generally agree and won't disagree with you except as follows: /forums/images/graemlins/wink.gif

The laws are different in different states, and wills can be written different ways. I have been the "independent executor" of an estate in Texas in the past, and my own will makes the executors "independent executors", and without going into the long drawn out legalese, those wills specifically allow the executor to buy, rent, lease, sell, barter, or dispose of any property in any manner he/she wishes.

So it just depends on the state law, and what the will says. You could certainly be right, but I know nothing of the laws in other states.

 

[Tom_H]

Yes, the laws do differ by state, and it is true that executors are often empowered to dispose of assets as they see fit, however they must normally do so for fair market value. The other heirs under the terms of the will may still sue the estate and the executor if their inheritance is reduced because of an undervalued sale. For an executor to be empowered to liquidate assets at below value would be somewhat out of the ordinary. Even though this could possibly be the case, I would still urge him to proceed with the greatest of caution. The thing is, Indydirtfarmer doesn't have any way of knowing the extent of this executor's authority. If you're gonna' dive into a briar patch, it's a good thing to know that rattlesnakes COULD possibly lay hiding inside.

To the poster MMM: It would appear that you have not been an executor of an estate embroiled in this type controversy. If not, be happy. I don't recommend volunteering to be anyone's executor if you think there may be family strife. The headaches Indydirtfarmer may get himself into go beyond legalities. Estranged heirs can become irrational and violent. I've seen them chop up each other's houses with an axe, shoot at each other, and steal then re-steal property from each other. I stated that I was not going to tell him what to do, but recommended that he get at least minimal legal advice and simply be careful. Would you disagree with that?