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.
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.
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.
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.
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.
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.
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.
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,...
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.
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...
Christie Tournet's answer Any heir - and even creditors - can open a succession. The progression depends upon whether a Will exists, the nature of the property (separate v. community), and the value of the estate and its solvency. It is always best to have all heirs on board, but to the extent that your dad simply owned a fractional share, and he passed without a Will, his share goes to his children and the Aunts are not necessary to the process - except to the extent that they attempt to assert a claim in the...
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