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.
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... Read more »
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?
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... Read more »
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.
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... Read more »
It already went to a tax sale but we have 3 years to claim the home and pay the taxes and penalties.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »
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... Read more »
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,... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read more »
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... Read more »
is it just the Restrictive Covenants that must recorded with the Clerk of Court?
Thank you very much,
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... Read more »
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... Read more »
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... Read more »
Usufruct has there own home and is not living at the jome in question
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.
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?
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... Read more »
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?
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... Read more »
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.
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... Read more »
I am renting to own. There is legal papers involved. What are my rights?
answered on Jan 1, 2023
If you do not have a Deed, then you do not have title to claim a homestead exemption. You might want to look into borrowing the money to buy it, but then your homestead rights will be waived against the lender.
answered on Dec 21, 2022
You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... Read more »
I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... Read more »
answered on Oct 27, 2022
Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... Read more »
I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... Read more »
answered on Oct 17, 2022
Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.
Black Mold found after signing lease
answered on Sep 28, 2022
A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck
At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »
answered on Sep 27, 2022
If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
