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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Louisiana on
Q: Definition of surviving spouse for inheritance in Louisiana

I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the... View More

Christie Tournet
Christie Tournet
answered on Feb 20, 2025

A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.

I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 20, 2025

If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If equity from a sale is already deposited, can one party demand the other’s share?

Two unmarried parties buy a house together and split up. Both names are on the deed and all paperwork signed. They split up, but do not refinance to get one name removed. Three years later, the party living in the house starts the sale, completes it, and both sign off on papers saying that they... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 20, 2024

Y'all are co-owners of the property and if one of the co-owners paid monies for the benefit of the property such that the other co-owner owes 1/2 reimbursement then one can seek reimbursement for that amount. As for your question of whether or not one owner may demand the equity share because... View More

2 Answers | Asked in Tax Law and Real Estate Law for Louisiana on
Q: After purchasing a property at tax sale with no clear owner, would they be able to redeem it within three years?

It is an empty lot of land, 0.5 acres, entirely wooded and overgrown with no servitudes, buildings, or other property besides the land itself. Any attempt to check who the original owner might be comes up short, since it is in the name of an estate rather than a person. The last record for the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2024

The adjudiciated property process is similar not not completelyt identical throughout the state---I would recommend that you contact a property lawyer in your area-----or contact the parish attorney's office in the parish you purchased the adjudicated property----ask to sit down and discuss... View More

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1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

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

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can legal recourse be sought against a title company that missed a subordinate mortgage in a real estate transaction?

I sold residential property in 2022. Just received notice of a HUD partial claim not identified or disclosed during closing. Would not have sold property in this sale if I knew about this subordinate mortgage and the extra debt at time of closing. Concerned that the title company was negligent and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 10, 2025

More information is needed here and althoough you have consulted some attorneys, I think you is the best route for you----private or direct consult with an attorney (s) who might be able to assist here. An attorney looking at this would want to review the public record to see what was in it at the... View More

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Q: So when playing in a movie about killing how do you stop them from taking over your property land out side of theater.

Because I Marilyn Monroe been having trouble in all state of America to have bought 50,000 acres so people can stop pretending like Marilyn Monroe spirit bothers them no matter where I go and no matter what name or age I may use to claim property of Marilyn Monroe for some reason john Quincy Adams... View More

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you’re dealing with a serious issue regarding land ownership and fraudulent sales. If someone is forging your signature to sell property without your consent, you need to gather evidence and take legal action. You should check the official property records in each state where you... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can a property manager have my rv towed out of the lot before taking me to court
Anthony M. Avery
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answered on Jan 27, 2025

Have you read your written Lease? You need to ask for your property back, and if no action, sue the landlord for conversion and recovery of private property. Expect a counterclaim and lease terms to curtail your rights.

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How much should it cost to title an already-owned property in Louisiana to a trust? I got one quote for $2K. Seems high.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 23, 2025

More information is needed on this included but not limited to what exactly are you seeking to do, how many properties, whether or not a title search is requested and/or being provided. Additionally, the costs to do this include attorney/legal fees plus filing/recordation fees. $2K may be high as... View More

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1 Answer | Asked in Real Estate Law and Small Claims for Louisiana on
Q: If we do not have 78 members at an HOA meeting can we still vote for a new President? How long is the terms of office?

HOA help

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 18, 2024

More information than what is provided is needed to answer your question. The answer should be contained in the governing documents of your subdivision, most likely the bylaws, however it it possible the answer is in either the restrictions/covenants or the articles of incorporation. You would... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: I was arrested for unauthorized entry into a inhabited dwelling. Renter went to jail asked me to get clothes for him

Baby daddy asked me to gather personal stuff and bring to him the home owner posted an eviction notice for five days on day 2 of the 5 I went and was arrested because I didn't contact the home owner. I had permission by the renter. In the process my vehicle was also towed.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

More information is needed here however I strongly recommend you consult with a lawyer to discuss representing you on the criminal charges---as it sounds like you have defenses to the charges, which is a felony, and as such you should fight, and additionally, whether or not you have a civil action... View More

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Do you answer questions about tax sale certificates?

I paid the taxes in 2013. The property has not been redeemed. The attorney I have seems to be doing nothing. The 36 month period to redeem was up in 2016. What recourse do I have?

James L. Arrasmith
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answered on Sep 26, 2024

If you paid the taxes on a property in 2013 and the property hasn't been redeemed by the owner within the 36-month redemption period, you may have legal options available. It sounds like you should be able to move forward with acquiring the property or seeking compensation, but it’s... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for Louisiana on
Q: What steps do we take in getting my father's & aunt's portion of their inheritance?

My father and his 2 siblings (a sister and a brother) have just obtained a judgement of possession on a property that was their parents. My father's brother lives on the property and feels as though he should be allowed to continue living there and not have to buy out my father nor my aunt. My... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 26, 2024

If the co-owners or property cannot get along and/or disagree with the use of the property, then one can go to Court and force a sale of the property ----I would suggest that you contact an attorney in your area to consult as to the process for doing this. Good luck.

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