Yes, a sale can be forced either during the succession or once the succession has been closed and the heirs are "in possession" (i.e. have accepted ownership) of the home. Selling the property from the succession is typically much more straight forward than selling it once all of the...Read more »
I’m married in Louisiana. My spouse and I both had property before we married. Specially, he has an automotive business That he continued to pay for well into our marriage. I cannot find a clear answer on whether or not property owned before marriage means property paid in full or just property... Read more »
The property would be classified as separate property (we go by date of acquisition in Louisiana). However, in the event of a divorce, you would have a claim for reimbursement for some of the community funds used to benefit his separate property.
State of Louisiana - My 95 yr. old granny passed with no will. Her only kids were my dad and his brother who both died before her. Now it's just the adult grandchildren. We all want a succession except for one. He's flat out refusing. Are we able to move forward with a succession without... Read more »
Fortunately, the answer is yes. You can move forward with opening the succession under what is known as a "regular administration." An attorney would assist you with that. Once the estate has been opened, the estate representative can ask the judge to authorize the sale of the home and/or...Read more »
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