Asked in Estate Planning and Real Estate Law for Louisiana

Q: can you sell land without succession. My father deceased and left no will. I am administrator of father estate.

My siblings and I are heirs to property (land) in Louisiana. My siblings wanted to sell the property. Against better judgment, I agree to sell. I had signed an Act of Cash Sale (immovable). We received a small sum of money for the land. Today I found out that the law firm error in completing the necessary paperwork for the sale of the land. They were unable to get the deed. I talk with the state and I was told that my father still owns the land. The law firm needs my sibling and me to sign a small succession affidavit. A succession was never done. I am feeling anxiety about releasing the property. My grandmother on her deathbed had asked the family not to let go of the land. what can I do to keep the land if possible? What is the possible solution?

1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: 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 counsel well versed in Louisiana probate.

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.