Q: I was bequeathed a home in Louisiana which is cross-collateralized with property not left to me. How do I proceed?
I've been paying the mortgage. The property that was not willed to me was not addressed in the will at all. The estate is partially testate/intestate. The family refuses to pay anything on the mortgage. If I payout the entire mortgage will I then own all of the land used as collateral ?
A: I would recommend drafting quit claim deeds from each of the other legatees and all heirs of the Decedent. They should convey under any and all sources of title, and very detailed derivation of title clauses should explain this. Hire a competent LA attorney to draft those deeds and to ask each to convey or help pay the mortgage note and taxes. You can also offer to sign over title to other items of collateral to the ones wanting ownership. Again, hire a LA lawyer now.
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