Louisiana Real Estate Law Questions & Answers

Q: Can not deliver original petition by Marshall or PI in Louisiana after four documented attempts. What is my next step?

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

Q: Trying to serve an original petition. Marshall and private investigator did not find the person. How do I proceed?

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

Q: I have several judgements, can I sell my house?

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Answered on Jan 16, 2019
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.

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 | Asked in Real Estate Law, Family Law and Foreclosure for Louisiana on
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.

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 | Asked in Estate Planning, Probate and Real Estate Law for Louisiana on
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.

Q: Does the taxes hafto be paid to use property bond

1 Answer | Asked in Real Estate Law and Criminal Law for Louisiana on
Answered on Oct 22, 2018
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.

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

1 Answer | Asked in Criminal Law and Real Estate Law for Louisiana on
Answered on Oct 11, 2018
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.

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.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Answered on Oct 2, 2018
Douglas Lee Bryan's answer
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 | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
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.

Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on
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.

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?

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Answered on Jul 30, 2018
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.

Q: My husband has died three years into a 30 year mortgage on which we both are on. Can I immediately sell?

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Answered on Jun 30, 2018
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.

Q: How do we keep neighbors from squatting on land we recently purchased?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jun 27, 2018
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,...

Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on
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.

Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.

1 Answer | Asked in Real Estate Law and Elder Law for Louisiana on
Answered on May 23, 2018
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.

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 | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
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...

Q: Should I seek a family attorney or a real estate attorney?

2 Answers | Asked in Family Law and Real Estate Law for Louisiana on
Answered on May 10, 2018
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.

Q: My dad and mom owned a house, my mom died and he remarried. If he dies with no will, what do i inherit?

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Answered on May 7, 2018
Ellen Cronin Badeaux's answer
The house is already half yours and is 100% yours when he dies

Q: Grandfather wanted his home to go to my mother, but died before a will was made

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
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.

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