Louisiana Real Estate Law Questions & Answers
Q: If im parked on the street in a subdivision. A empty lot with no building. A lot across the street guy has gun
1 Answer
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Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant
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Louisiana
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Answered on Feb 20, 2019
Answered on Feb 20, 2019
Q: I have several judgements, can I sell my house?
Timothy Denison's answer
You need to have the title on your house examined. If there are no liens, you can file it free and clear. If there are liens, you can sell it but the liens would be paid first.
You need to have the title on your house examined. If there are no liens, you can file it free and clear. If there are liens, you can sell it but the liens would be paid first.
Q: My mom died when I was young and my uncle is trying to sell the house I used to live in? Is that legal and isit my house
1 Answer
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Real Estate Law, Family Law and Foreclosure
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Louisiana
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Answered on Dec 6, 2018
Answered on Dec 6, 2018
Ellen Cronin Badeaux's answer
Call or go to the mortgage and conveyance office for the parish in which the house was located and find out who does own it. If your Mom or grandfather was an owner, then you need to hire a succession attorney.
Call or go to the mortgage and conveyance office for the parish in which the house was located and find out who does own it. If your Mom or grandfather was an owner, then you need to hire a succession attorney.
Q: If mother left succession and it states grandson having a usufruct of home can the daughters try and sell home even if a
1 Answer
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Estate Planning, Probate and Real Estate Law
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Louisiana
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Answered on Oct 26, 2018
Answered on Oct 26, 2018
Douglas Lee Bryan's answer
The daughters can't do anything with the property that wouldn't be subject to the usufruct. In other words, it would be hard to find a buyer, other than perhaps another family member, that would purchase it knowing that the purchase would be subject to the grandson having a right of use.
The daughters can't do anything with the property that wouldn't be subject to the usufruct. In other words, it would be hard to find a buyer, other than perhaps another family member, that would purchase it knowing that the purchase would be subject to the grandson having a right of use.
Q: Does the taxes hafto be paid to use property bond
Ellen Cronin Badeaux's answer
Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.
Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.
Q: My son is a drug addict and deals drugs. He hit and shook me, I called the police and blocked his number. He got so mad
Ellen Cronin Badeaux's answer
Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.
Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.
Q: My sister passed in June she had no will, has an equity mortgage. I want to sell the property and pay of her debit.
Douglas Lee Bryan's answer
A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.
A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.
Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?
1 Answer
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Estate Planning, Real Estate Law and Civil Litigation
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Louisiana
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Answered on Sep 17, 2018
Answered on Sep 17, 2018
Christie Tournet's answer
You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law, or terms of the Will.
You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law, or terms of the Will.
Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?
1 Answer
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Contracts, Estate Planning and Real Estate Law
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Louisiana
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Answered on Sep 10, 2018
Answered on Sep 10, 2018
Christie Tournet's answer
There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.
There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.
Q: My husband and I have been married a little over a year. he is on drugs , does not want help. What are my options?
Ellen Cronin Badeaux's answer
Your options are:
1) divorce based on inebriation,
2) sole management of the community assets,
3) interdiction.
Call a family law attoeney before he runs up some debt with which you can be stuck.
Your options are:
1) divorce based on inebriation,
2) sole management of the community assets,
3) interdiction.
Call a family law attoeney before he runs up some debt with which you can be stuck.
Q: My husband has died three years into a 30 year mortgage on which we both are on. Can I immediately sell?
Douglas Lee Bryan's answer
My sincerest condolences on your loss. If your husband's name is on the title to the property, you will likely have to open his succession to sell the property. I would strongly recommend speaking with a probate attorney to discuss this matter with you further.
My sincerest condolences on your loss. If your husband's name is on the title to the property, you will likely have to open his succession to sell the property. I would strongly recommend speaking with a probate attorney to discuss this matter with you further.
Q: How do we keep neighbors from squatting on land we recently purchased?
Christie Tournet's answer
If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a Petitory action - meaning you claim to be owner and another party is possessing part of the land you own. To prevail, you will need to show that you have better/best title to the area at issue. So,...
If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a Petitory action - meaning you claim to be owner and another party is possessing part of the land you own. To prevail, you will need to show that you have better/best title to the area at issue. So,...
Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property
1 Answer
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in
Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice
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Louisiana
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Answered on Jun 8, 2018
Answered on Jun 8, 2018
Douglas Lee Bryan's answer
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal Services office.
Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.
Douglas Lee Bryan's answer
You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.
You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.
Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?
1 Answer
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in
Land Use & Zoning, Real Estate Law and Tax Law
for
Louisiana
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Answered on May 21, 2018
Answered on May 21, 2018
Christie Tournet's answer
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...
Q: Should I seek a family attorney or a real estate attorney?
Ellen Cronin Badeaux's answer
Don't sign that documents. You need a family law attorney to force a sale if he can't refinance.
Don't sign that documents. You need a family law attorney to force a sale if he can't refinance.
Q: Grandfather wanted his home to go to my mother, but died before a will was made
2 Answers
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in
Estate Planning, Real Estate Law and Probate
for
Louisiana
on
Answered on Mar 19, 2018
Answered on Mar 19, 2018
Douglas Lee Bryan's answer
Yes, your grandmother can give all of her interest to your mother, assuming none of her children are under the age of 23 and aren't physically or mentally infirm.
Yes, your grandmother can give all of her interest to your mother, assuming none of her children are under the age of 23 and aren't physically or mentally infirm.
Q: What is the procedure for removing my sister of her fiduciary duty as succession representative?
1 Answer
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in
Real Estate Law, Civil Litigation and Probate
for
Louisiana
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Answered on Mar 1, 2018
Answered on Mar 1, 2018
Douglas Lee Bryan's answer
What you are planning to do is a very complicated process, and I would strongly recommend getting an attorney to assist you.
What you are planning to do is a very complicated process, and I would strongly recommend getting an attorney to assist you.
Q: Do I need my 4 Aunts’ permission to open a Secession on my dad? Or, will my Aunts need to do the Secession?
2 Answers
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Louisiana
on
Answered on Feb 26, 2018
Answered on Feb 26, 2018
Christie Tournet's answer
Any heir - and even creditors - can open a succession. The progression depends upon whether a Will exists, the nature of the property (separate v. community), and the value of the estate and its solvency. It is always best to have all heirs on board, but to the extent that your dad simply owned a fractional share, and he passed without a Will, his share goes to his children and the Aunts are not necessary to the process - except to the extent that they attempt to assert a claim in the...
Any heir - and even creditors - can open a succession. The progression depends upon whether a Will exists, the nature of the property (separate v. community), and the value of the estate and its solvency. It is always best to have all heirs on board, but to the extent that your dad simply owned a fractional share, and he passed without a Will, his share goes to his children and the Aunts are not necessary to the process - except to the extent that they attempt to assert a claim in the...
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