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Louisiana Real Estate Law Questions & Answers
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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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
Christie Tournet
Christie Tournet
answered on Feb 24, 2023

Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... View More

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 22, 2023

You have a lot of information and most people who want to provide you an informed answer would like to see a copy of the original judgment and when it was recorded as well as a copy of the "renewed" judgment and when it was recorded to see if the process for revival of a judgment was done... View More

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

James L. Arrasmith
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answered on Mar 4, 2023

The laws regarding renewed judgments vary by state. In general, a judgment creditor may be allowed to renew a judgment before it expires to extend the time period in which they can collect the debt.

In some states, a judgment can be renewed indefinitely as long as the creditor continues to...
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1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Do the By-Laws and the Rules and Regulations of an HOA have to be publicly recorded in Louisiana to be enforceable or

is it just the Restrictive Covenants that must recorded with the Clerk of Court?

Thank you very much,

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

In answer to your question, I contend it is just the covenants which are required to be recorded with the Clerk of Court. On the other hand, if the HOA has non-recorded rules and regulations, then it certainly should notify new property owners of its existence and have some sort of mechanism to... View More

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a naked owner of a property be homeless

Usufruct has there own home and is not living at the jome in question

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Christie Tournet
Christie Tournet
answered on Jan 19, 2023

There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the owners want to leave the property to a specific grandchild, then they either have to sell/donate the property before their death or do it via a will. As attorney Tournet mentioned, please reach out to a local succession/estate planning/will lawyer in your area-----this is doubly important... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... View More

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