High Point Subdivision, TN asked in Real Estate Law for Louisiana

Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3 parcels. The 1st parcel has a 1 bed old shack + a portion that is not in a flood zone. The 2nd parcel also has a portion not in the flood zone. The 3rd parcel is in the flood zone with a bayou running thru it. My bro wants the parcel with the shack he helped our father build. I agree he should have that parcel of land. Our deceased brother verbally said he wanted this brother to have his share for $ he couldn’t repay. Our sis has NPD, stripped deceased fam’s property and now wants this parcel. She chgd tax bills to go to her only, tho shows undivided w/us. Gives her control? How do we get sep titles? If a recorded survey has bro on #1, is it his? How can she steal this prop from us? Thank you

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your concerns posted. Alternatively, I would contact a real estate lawywer in the area where the property is located and discuss your concerns posted. I am just guessing here, but if all siblings own an indvided interest in the property via the succession then unless paperwork has been recorded showing a change in ownership, nothing has changed. That said, if you want something to change, then unless y'all can agree, you will have to go to court and ask for a judicial partition. To accomplish this, you should have a lawyer involved---you do not want to have to deal with this in the future because if was not done correctly now. Good luck.

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