Too much missing info to be able to answer. But, as a customary rule, all heirs that accept the assets also accept the liabilities. The liabilities of the succession will likely include the taxes and maintenance fees. Address with counsel local to you and well versed in probate to obtain a more... View More

It depends. Was the usufruct granted by Will and with the right to dispose? If it was only granted by intestacy, then, the naked owners will also need to join.

The deed will control - it shows the nature of ownership: separate or community. You need to review that original Deed. If they purchased while married, it should show the home as community, unless there was a separate property agreement. Also, we need to know if a Will was involved. Last, a... View More

It depends. Did your brother have a Will? With a Will, your brother can give away his interest in any and all property as he chooses. If he did not, then it goes by intestacy. Because it was inherited/separate property, it would go to his sons. But, if the sons are minors, that still allows the... View More

Too many variables to answer: Did the grandfather die first? Did he have a will? If so, did his share go to his spouse/grandma? If not/no will, then his half goes to his descendants (children or grandchildren) and the spouse gets only a usufruct over his portion but she still owns 1/2 in her... View More

contact counsel well versed in probate. It depends on nature of property - community or separate and what do you mean "responsible" - who inherits? Or, is the estate burdened with debt? If that is the case, no-one may want to open succession. And, depending upon value of estate, you... View More

Too many unknown variables to answer. Customarily, a donation or quitclaim of a person's interest to another should not carry too many consequences. But, the Donor should confirm if a gift return would need to be filed, no tax consequences (the federal lifetime gift and estate tax threshold... View More

If mother received government benefits, then, the state could attempt estate recovery. And, if no will, then her descendants/children are first to inherit. When you take a succession, you not only take the assets but also the liabilities. Ultimately, some succession will have to be done to... View More

Possibly. But, you really need to go over the specific circumstances with counsel well versed in estate planning and local to you. It is likely that no gift and estate tax consequence would arise given the current exemption of $11MM, but technically, a gift return could be required. Also, to the... View More

You may be able to, if your safety and health are at issue. But, I would recommend that you refer to your written lease and provide written notice to the landlord of the outstanding issues. If the issues go uncured after providing a reasonable, or required, time delay, your chances of... View More

Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against... View More

When someone passes away, a power of attorney is no longer effective. The Will controls and all three children of the deceased will subsequently own, as long as all accept the succession. The children need to open succession to effect the change in title from the deceased person's name to... View More

If he is not on the lease, then he does not have a right to be there. However, without the Lessor cooperating, it may be difficult to force him to leave, as the landlord is the one with ownership rights and can force an eviction. So, check to see if the lease shows him as tenant also and if the... View More

No. Lots of variables to be addressed here. First, it is not clear if there are assets that were in the name of the son and the Wife that need to be addressed. Most likely, the wife had an ownership interest in all community property. We need to know if a will exists. If not, by Louisiana law,... View More

short answer, yes. Most lease agreements, and Louisiana law, require that you lease without interrupting others' use and enjoyment of their property. So, if the landlord is receiving complaints and providing notices, it is best to show either that you cured the violation, or that there is a... View More

Both successions have to be opened and can possibly be done at once. All goes to your grandmother by virtue of the will. If she passed with no will, then all goes to her children -- all of them. Best to have all heirs on board to work out partition on splitting of the proceeds to be able to... View More

Lots of other info could impact answer here. If there are co-owners, all should agree on how to manage the property - all are burdened to prudently use and preserve the property, and a co-owner should not prevent another co-owner from making use of the property. Still, if locking the property is... View More

If no Will is involved, and all heirs in agreement, including the surviving spouse (your mom?) if the land is community property, can do a small succession affidavit. It is a cost-effective way to transfer your father's interest in the land without a judicial opening of succession. Contact... View More

At the outset, need to know if your mother passed away with a will. If so, the Will controls transfer of her estate. If no will, then, the next questions are: surviving spouse? And, how many children? After addressing these preliminary questions, a probate attorney can assist you with the... View More

A birth certificate or acknowledgement of paternity is best. If other siblings are involved, there could be a contest. Depends upon the nature of the property (separate or community) and who the other heirs are. You should contact local probate counsel to discuss your options.