My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.
answered on Mar 23, 2023
It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... Read more »
couple of feet. When they start doing baseball this summer can I do an air horn and whistles without getting arrested? It's on my own property and the park bleachers should not be this close to my house. Can I sue with it being so close to my road?
Person A gave Person B $1400 to be used to buy a home, but B was going to pay back A without the lender knowing
answered on Feb 24, 2023
I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a Lawyer tab and search for estate planning... Read more »
answered on Feb 24, 2023
Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... Read more »
In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... Read more »
answered on Feb 22, 2023
You have a lot of information and most people who want to provide you an informed answer would like to see a copy of the original judgment and when it was recorded as well as a copy of the "renewed" judgment and when it was recorded to see if the process for revival of a judgment was done... Read more »
It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.
answered on Feb 25, 2023
It depends on the specific laws and regulations in your jurisdiction. In some cases, if one person pays the taxes and penalties owed, they may be able to claim ownership of the property. However, in other cases, all owners may need to agree to any changes in ownership or to the payment of taxes and... Read more »
is it just the Restrictive Covenants that must recorded with the Clerk of Court?
Thank you very much,
answered on Feb 7, 2023
In answer to your question, I contend it is just the covenants which are required to be recorded with the Clerk of Court. On the other hand, if the HOA has non-recorded rules and regulations, then it certainly should notify new property owners of its existence and have some sort of mechanism to... Read more »
deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... Read more »
answered on Jan 27, 2023
Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... Read more »
Usufruct has there own home and is not living at the jome in question
answered on Jan 26, 2023
Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.
The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?
answered on Jan 19, 2023
There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... Read more »
answered on Jan 13, 2023
Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.
The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.
answered on Jan 10, 2023
The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... Read more »
I am renting to own. There is legal papers involved. What are my rights?
answered on Jan 1, 2023
If you do not have a Deed, then you do not have title to claim a homestead exemption. You might want to look into borrowing the money to buy it, but then your homestead rights will be waived against the lender.
answered on Dec 21, 2022
You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... Read more »
If i want to sell the property will her judgment block it ?
I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... Read more »
answered on Oct 27, 2022
Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... Read more »
I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... Read more »
answered on Oct 17, 2022
Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.
the home and vehicles I have, one under her name and one under mine. My son may not want to release it. I wanted to attach the usufruct to this home as I am using it for the down payment on a new home. Is there any act of donation I can sign at the signing of the new home? Advice is appreciated.
answered on Oct 18, 2022
Was a succession completed? If so, perhaps you can consult with the attorney who handled the succession and discuss your questions/concerns. If not, then I highly encourage you to seek a specific consult with an attorney in your area---you have options but the options may be different for the... Read more »
If they can - what would their legal remedy be?
answered on Oct 5, 2022
It depends on whether or not your subdivision's governing documents prevent rentals.
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