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Louisiana Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

James L. Arrasmith
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answered on Mar 26, 2024

If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: If my dad died with no will and left an estate, how does it work?

I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 9, 2024

I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 8, 2023

Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More

2 Answers | Asked in Real Estate Law for Louisiana on
Q: IS THERE A U.S. SUPREME COURT DECISION MAKING IT UNLAWFUL TO BUY A HOUSE FOR LESS THAN ITS TRUE VALUE
T. Augustus Claus
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answered on Oct 12, 2023

There is no U.S. Supreme Court decision that makes it unlawful to buy a house for less than its true value. The principle of "willing buyer, willing seller" generally prevails in real estate transactions. However, there may be laws against fraud, misrepresentation, or undue influence that... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: Who are the entities liable for abandoned home fire causing damage to adjacent properties? LA, arson not confirmed

Arson mentioned after review of video, but the report has not been published yet.

T. Augustus Claus
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answered on Sep 28, 2023

In Louisiana, determining liability for an abandoned home fire causing damage to adjacent properties can be complex. The liable parties could vary depending on numerous factors, such as the cause of the fire, the condition of the property before the fire, and whether there were any local ordinances... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If land was transferred to a person before the death of the owner but the notary didn’t witness the persons sign.

They recognized the signature as the owners what can be done.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2023

What exactly do you want? If you want to nullify the transfer then one way of doing this is to prove that the document transferring the property was not properly done/completed. If you want to challenge this, then you should first have a specific consult with an attorney to determine what needs... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Bought a house with girlfriend. She refinanced the loan in her name only. Both on deed. She died. What happens now?

We were not together when she died. She was married to someone else. We never did anything with the home. I still live in the home. She does have one child with me and one child with someone else. We are in Louisiana. I am on the deed to the house but not the loan for the house. I have paid on the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2023

You really should speak to a succession lawyer in your area to make sure you have a clear understanding of your rights. Someone may open your ex-girlfriend's succession and that lawyer may reach out to you, however that lawyer does not represent you --hence the reason you should at a minimum... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: My daughter and son-in-law have abandoned their trailer on my property . Going on 6 months. What can I do with the trail

I have plans to build a house on this land I do not know what I can legally do with their trailer. They won't answer phone calls from me. Therefore I don't know what their plans are. Wh what are my rights concerning this matter? I live in Louisiana.

T. Augustus Claus
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answered on Aug 21, 2023

In Louisiana, if your daughter and son-in-law have left their trailer on your property for around six months without communication, you may explore legal options. Sending them a certified letter notifying them of your intention to remove the trailer if they don't respond within a specified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a property donation be revoked if the property has been sold already to another party

I donated a piece of property to my mother, in exchange for lifetime right of use. It is my understanding that I can revoke the donation if I am denied the right to use the property. She donated the property to a third-party, yet maintained usufruct. She and the new owner of the property denied my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 14, 2023

You need to consult with a lawyer to discuss the specifics----which in this case, includes a review of the transfer/donation documents and verifying whether or not they paperwork was recorded in the public record----after this, one should be able to give you some credible information as to your... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: People that pay us every month for deceased parents property want to tear down and sell and it not even theirs yet!? Hel

Please they plan on doing it Monday...how can they do this

John Michael Frick
John Michael Frick
answered on Jun 18, 2023

If title to the property is not in their name, they most likely have no legal right to tear down a structure on the property. If title to the property is in your name, you likely have standing to enjoin them from tearing down the structure.

Seek the services of an experienced real estate...
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1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can donated property be rescinded. The donated property was not legally done. How can that be fixed

A pastor was given the church property when the church was dissolved

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

This is an example why my advice to anyone involved with the transaction of immoveable property (sale, donation, anythng)----get an attorney involved--you want it done correctly so that someone in the future does not come back and place a cloud on the title of the property. In your scenario my... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.

Christie Tournet
Christie Tournet
answered on May 5, 2023

If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

It is hightly recommended that you consult a succession lawyer in your are to discuss the specifics of this situation, including whether the best way to proceed in this matter. Also, in reading your post, it is not clear if there is a will for either deceased person or you are relying upon the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Does a usufruct have the right to sell or remove furniture or outdoor buildings from the house he has usufruct of.

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.

Christie Tournet
Christie Tournet
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... View More

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Louisiana on
Q: If 3 people inherit to the home and taxes weren't paid can one person pay the taxes and get the house?

It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.

James L. Arrasmith
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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... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

Supplementing attorney Tournet's post, 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... View More

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