Q: My farther and mother has passed with no will in Louisiana. There is a home paid in full with a few small balance debts.
One of 7 siblings wants the home but does not have means for a buy-out. Can a forced sell take place?
A: If all heirs are not in agreement to take the succession property, and then co-own, or agree to some other arrangement amongst themselves, then administration of the estate will be required and the real estate will need to be sold and then the proceeds divided.
A: 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 heirs are placed in possession.
A: Yes, once all of the heirs are placed in possession, then they can divide (partition) the property. If they can't agree on how to do so, then any of them can file to have the court decide. Usually, the judge will either order that the property be sold a private sale and appoint a realtor or will order that it be sold at Sheriff's sale. After expenses, the proceeds will be divided among the owners.
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