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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Louisiana on
Q: Real estate: family partitioned land. my father in-law divided his property into 3 parts and later donated back portio

to us which we lost in foreclosure. we never extended the driveway where the servitude of passage is shown on map from 2001. now the new owners are using my driveway and yard. my father in law says he never gave access through his property and wants a gate up at the road leaving new owners no... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2021

There is almost for sure an Easement By Implication granted to some of those parcels, if not also an Easement By Prescription. Easements can be terminated, but expect to be sued. Hire a competent lawyer to advise you about what you can do, and be prepared for litigation, which you probably should... Read more »

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Decedent died a mth ago.no will. no parents /wife/children. Has two surviving brothers.

Value is under the 125k amount.

We are interested in buying this house. How do we ensure who has legal right to sell it and if it has a clear title?

State is Louisiana

Myrna Arroyo
Myrna Arroyo answered on Jan 3, 2021

The decedent's house would pass to his brothers, if he left no parents, spouse or children. The brothers will need to open a succession. If all the decedent's assets are less than $125K, and all of his heirs are in agreement, they can execute a Small Succession Affidavit to transfer the... Read more »

1 Answer | Asked in Real Estate Law, Contracts, Copyright and Business Law for Louisiana on
Q: I need advice about a premium domain I purchased
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

Contact with an attorney to understand your rights and risks.

In general a domain does not assure any trademark rights.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Do I need to get an attorney to get my name off house I have with my ex husband? He refuses to refinance in his name.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 25, 2020

Yes, you need a community property lawyer.

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Louisiana on
Q: My step dad left me everything in his will. He has mortgage still but no other debt. What happens next?

My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 14, 2020

Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: I live in louisiana..Duson ,la.we have a home in the family ,still under my fathers name,who has been decease

Out of 5 sibling only 2 of us remain,my brother and myself.we want to sell it.can we just both sign legal papers and sell.?

Anthony M. Avery
Anthony M. Avery answered on Dec 8, 2020

Hire a competent attorney to conduct a title search and determine heirship. Then he drafts an Affidavit of Heirship, which when recorded, becomes your all's source of title. Get a buyer, then the lawyer can draft a Deed.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: AM I entitled to profits from my husband company he started with money from a settlement he received after we married?

My husband received money while we were married from a personal injury lawsuit he had before we were married. He started a trucking company and titled everything under his name. I was told that since he started the company using personal injury money I was not entitled to anything because he used... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2020

Personal injury pain and suffering and lost wages money from an accident before you were married is his separate property, and anything he buys with it is his separate property. Hire a community property lawyer immediately.

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Can I be removed from my parents estate property after living here with my 86yr old grandmother?

I been living here 10+yrs and grandmother living here longer. Will has been claimed invalid according to courts. I have two siblings & brother doesn't want estate but sister does and am currently trying to work a deal with her. We live in Louisiana.

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 6, 2020

If you or are an owner or heir to the property, they have no right to evict you. To require you to move would most likely require one of your siblings to file to have the property partitioned or sold. Good luck.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Someone put a building and poured a concrete slab without my permission. What can I do about it?

Property is located in Louisiana.

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2020

It appears someone else thinks they own the property. Hire a competent attorney to perform a title search. You may need to file an Ejectment Action.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Louisiana on
Q: I and living in my childhood home, with my dad. I help and pay utilities and food. Me and my dad. He also rents thre

Other rooms upstairs. He wants me to move out. he called the cops one time and they said he would have to evict me. Now he is saying he is signing the house over to my brother who doesn't like me this evening. The IRS has a 187000000$ lien on the house. Can he do this ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 28, 2020

If you are over the age of 18, and not disabled, you need to find another place to live. Either your father or your brother can simply lock you out or evict you.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: Our father passed away 10 yeas now My sister was named executor my dad left his half of house and land to 5 children

Children 2 of the 5 children have since passed can the executor take their name off the will

And do you have to have a probate ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

Yes to probate. Yes to voluntarily waiving a share. Hire a successions lawyer.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Children not listed in will are holding up my family's distribution

My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

Hire a Successions attorney quickly.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If I am buying a foreclosed house that is landlocked must there be an easement attached to the deed so I can access it?

The house that we are purchasing is a foreclosure. Originally, the owner owned 35 acres and that house is on that land. Several years ago, he sold 30 acres to his brother's business, so now the house just sits on 5 acres. The problem is that part of the driveway to the house is now on his... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

Hire a competent attorney to perform a title search. There may be an easement by implication by the common grantor. Or there may be an express easement in the chain of title. Having an easement declared by necessity is the last, most expensive possibility.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: For Louisiana: How do I find out about land my grandfather left after death?

My paternal grandfather passed in december 2018. His wife passed in 2016. My father passed in 1995. My dad does have 1 sister and 1 brother. How do I find out about the land that my grandfather had and if I am entitled to anything? I have not received anything in mail about what is going on with... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

Either go to the appropriate Parrish in LA and search the Land and Tax Records for any familial lands. Or better, hire a local attorney to look for whatever there is. He will need any possible name that owned land and probably years of death. It should be cheap as there may be nothing.

1 Answer | Asked in Civil Litigation and Real Estate Law for Louisiana on
Q: I own my trailer but its on my aunts land. shes never asked for rent or had lot lease agreement

also whats my legal rights being here for 10 yrs now can she forbid my visitors

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 9, 2020

Call a real estate attorney to find out what steps you need to take to protect yourself.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: Look for a lawyer in Baton Rouge that can help with a case like this just got served paper bye US Marshall
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

Have no idea what kind of case this is

..other than federal. You need to supply more information.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 25, 2020

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Louisiana on
Q: Do I have to leave my grandmother's property that I've lived on for 20+years since they turned off the electricity

I have alot of stuff and currently working on my truck so no way to move it right now

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

You don't provide enough information to answer the question. Call an attorney.

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