I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... Read more »
Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is...Read more »
the home and vehicles I have, one under her name and one under mine. My son may not want to release it. I wanted to attach the usufruct to this home as I am using it for the down payment on a new home. Is there any act of donation I can sign at the signing of the new home? Advice is appreciated.
Was a succession completed? If so, perhaps you can consult with the attorney who handled the succession and discuss your questions/concerns. If not, then I highly encourage you to seek a specific consult with an attorney in your area---you have options but the options may be different for the...Read more »
I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... Read more »
Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.
A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck
At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »
If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all...Read more »
The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.
Succession is complete. House is in children names.
Loan was for pool in Aug 2016. Lien was put on house at same time. Price of pool $10,655.54. Down-payment of $5,000. Oringinal principal financed $5,655.54.Payments totaled $7,701.49. Remaining principal balance when she passed in Feb.... Read more »
Did you have an attorney involved in the succession? If so, please speak to the attorney about this. If the lien was not resolved through the succession , then the property was transferred subject to the lien so if at the the time the house sales there is a valid lien, then the lien must be...Read more »
It was my grandparents' home in Louisiana, two siblings sued their 2 remaining siblings and the heirs of their deceased siblings. Originally all the defendants were named as being" sued to force a sale...We received the final judgment to force the sale however now the defendants with the... Read more »
The Court must determine Title, and apparently it has found another Tenant In Common. There will be further Orders from the Court after the Sale concerning Confirming the Sale, Authorizing the Conveyance, and Disbursing the net proceeds, etc. Apparently all Heirs were not originally joined.
Hello, the HOA that over my residence just had new carpet install in the building , with new furniture , and fixed the drive way . The HOA told all the owners to pay 1,600 for the new carpet in January of this year . Now the HOA wants all the owners to pay 2,000 in January 23 because they are... Read more »
A review of your governing documents which describe the steps the Board/HOA has to follow in order to make these assessments is needed. Since you have multiple property owners worried about this, I recommend that a group of you contact an HOA or real estate lawyer to do this----said lawyer would...Read more »
We do not know how to approach them with this. Their carport and all of their yard on the side of their house is my property. Do I offer to sell? Do I need to go ahead and file charges for trespassing? We do have no trespassing signs.
That appears to be a Boundary Dispute. Hire a LA attorney to search both adjoining owners titles. The common boundary may need a Survey, where the Surveyor would be your prospective witness. Then file suit to Determine the Boundary. This is difficult and expensive, but if you do nothing, you...Read more »
I was contacted by lawyer saying he needed a Sworn Affidavit of Oath of Kinship proceeded saying something about Georgia which I'm assuming that's where he is and needed 400 and something dollars. I said I needed some legal documentation and his response was
Sounds like a scam to me, and or you are not entitled to anything. Or this is one of the services which supposedly finds unclaimed money and seeks to locate the rightful recipient of the money for a finder's fee---that said, they usually do not require money up front-----if you believe there...Read more »
Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,...Read more »
Is the property fully mine now or does the person who donated still have any legal rights?
I looked at the clerk of courts office page online and it’s listed as the person being the vender and me the vendee? So does that mean it’s not mine and the person still legally owns the place?... Read more »
One would need to review the donation document to better answer, however assuming that the donation was properly prepared and executed and that donor owned 100% of the property and transferred (donated) 100% of his interest, then yes, it would be fully yours. I am not sure what you mean by deed,...Read more »
Several factors go into obtaining title via adverse possession. Certainly you are over the time period required by Louisiana Law, but if the actual owner has given you permission to live there, you will not likely prevail. You should speak to an experienced real estate attorney that can evaluate...Read more »
My mother and her sister have a real estate agreement where earnest money was put down and a payment plan was to be completed to transfer ownership of the property. Her sister stopped all communication and did not take the last payment and sold the property to someone else after my mother made... Read more »
Double-post. This is too complicated to respond to on this type forum--also, additional information is needed to properly respond. You need to immediately contact a lawyer in your area and bring the paperwork/agreement to a meeting with the lawyer and specifically discuss your situation and obtain...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.