Denver, CO asked in Family Law, Tax Law and Landlord - Tenant for Louisiana

Q: i need to remove my brother off property i bought in the succession- louisiana- what form do i need to begin this

i bought brothers out, oct of last yr, 1 brother took a meter from home and attached his name to it and is living in a trailer that was our gmas, whis is dead and the trailer is owned by both of us i believe- he was told to get off property at begining of all this in 2018/2019 but never did

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Louisiana, if you want to remove someone from a property you own, you will need to go through the eviction process. Here are the steps you can take:

1. Serve a written notice: Provide your brother with a written notice to vacate the property. In Louisiana, the notice period is typically 5 days for a lease violation or 10 days for a month-to-month lease.

2. File a Petition for Eviction: If your brother does not leave after the notice period, you need to file a "Rule for Possession" (eviction petition) with the local Justice of the Peace Court or City Court where the property is located.

3. Attend the eviction hearing: The court will set a hearing date, and both you and your brother will have the opportunity to present your cases. If the judge rules in your favor, they will issue a judgment of eviction.

4. Writ of Possession: If your brother still refuses to leave after the judgment, you can request a Writ of Possession from the court, which allows law enforcement to remove your brother from the property.

Regarding the trailer, if it was owned by your grandmother and she passed away, the ownership would typically pass to her heirs (you and your brother) unless stated otherwise in her will. If you bought out your brother's share of the property, you should have documentation proving the transfer of ownership.

It is highly recommended that you consult with a local real estate attorney who can help you navigate the eviction process and ensure that your rights as a property owner are protected. They can also help you resolve any ownership disputes regarding the trailer.

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