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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How do I withdraw funds from the registry of Orleans Parish court? I need to do this as soon as possibly

I'm not sure how much nor the status of the case. I received a message that it was in there. My siblings had the heir's property partitioned sometime last year. I'm sure it isn't much and would like to withdraw it on my own if possible are there special forms that I need to use... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 9, 2021

Depending on the status, you want to have an Order signed by the Judge stating that you are entitled to withdraw/receive those funds from the registry. Depending on the status and amount, it might be best to have a lawyer represent you and accomplish this.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My cousin is gifting me some land In Mississippi. The land is in her husband name and he’s no longer living.

The land is in the husbands estate and she lives in Louisiana. What needs to be done to get this transferred. She has two kids too.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

When land transfers and a deceased person is involved, my usual answer is to hire a probate/succession lawyer to consult and possibly hire-----you want to make sure the transfer is correctly done and thus the reason you should have legal counsel. Add in the additional factor of the land being out... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?

The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:

This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020,... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Mar 28, 2021

You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: I need a attorney to help me with this mortgage company, who has harassed me and my family from March 2020 - March 2021.

They evicted us during the cares act protection. They forced us to move in a home with no roof and no heat with four children 4 year old boy with ADHD and a hearing problem, 7 year old girl who was distraught and cried, a 14-year-old who also had a very rough time with this and a 17 year old who... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

Your only chance of saving your property is if you retain an experienced LA mortgage foreclosure defense and bankruptcy attorney. Unfortunately, there is no basis to file a lawsuit against the mortgage company based on your stated facts. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY... Read more »

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: Property owners: two owners have a house; both on title deed, but one abandoned the property since 2007. what can I do?
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

Unless you reach an agreement, you will need to file a Petition for a Sale for Partition. Hire a competent attorney in LA.

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

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 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.

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