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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: Hi is there a statue of time that a request for rental reimbursement in a community property case be filed in court?

I have community property case, my then attorney filed for rental reimbursement in the descriptive list but not in the petition. is there a statute time limit that it should have been requested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 5, 2022

No statute of limitation. But it is prospective, not retroactive to date of filing for divorce.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Louisiana on
Q: My mother's home in Louisiana may have squaters. What is her right's to get rid of them?

My father passed away this year and my mother is living with my sister for care as she has alzheimer's. One of my brothers is being allowed to live in the house because he would probably be homeless as my father was supporting him. We received a two from a neighbor that he may have several... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 15, 2021

You need N attorney to interdict your mother. Then you can evict the squatters

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I inherited a home 20 years ago and just found out about it. A relative has lived there. Am I responsible for liens?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 6, 2021

More information is needed to respond to your question including the nature of the liens, when the liens were recorded, against whom the liens were recorded. Since your post implies probate or a succession has not occurred to transfer something which could have been transferred 20 years ago, I... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Health Care Law for Louisiana on
Q: Must I abide to details of a listing agreement?

I was ordered to sign a listing agreement for the partition of co-owned property. I signed the agreement but it has been one month and I have not shown the house due to COVID concerns. I just received a Motion for Contempt. I don’t know if that puts me in contempt since the order only stated I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 30, 2021

You need to agree to requested showings. The CDC concluded that surface transmission was low. Get vaccinated. You can require that anyone looking at the house wear a mask and stay outside yourself until the showing is over. If not, you can be held in contempt.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: I am selling 52 acres of land and just signed an agreement to list it. Can I terminate selling the land?

Signed on November 14, 2021

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2021

Yes, you can, however you need to read and review the listing agreement to see if there are any ramifications you might have if you terminate the listing agreement ahead of time. Also you need to read and review the listing agreement to see what, if anything, it says if you change you mind again... View More

3 Answers | Asked in Divorce, Bankruptcy and Real Estate Law for Louisiana on
Q: IF MARRIED IN ARKANSAS , WHAT STATE SHOULD I FILE FOR DIVORCE? TEXAS? MISSOURI? LOUISIANA? ARKANSAS? PLEASE SEE DETAILS.

1. being as the home and land, under my name in Missouri was purchased BEFORE we married,

2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,

3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?

Also... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 8, 2021

If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for Louisiana on
Q: A signed a contingency contract with 2 different contractors to do repairs after hurricane IDA . Will both be binding?

Does the first signed contract negate the second. Are will I be held to both ? What are my rights to cancel in Louisiana ?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

More information to properly answer this question is needed and most likely a proper answer can only be provided if one were to review both contracts. If this the situation where the same parties wrote up 1 contract and then agreed to write up a 2nd contract? Or is the property owner party to... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Do I need an attorney for a cash sale of land in the state of Louisiana?

Can I use the Cash Act of Sale form on uslegalforms site

Jacob Rennick
Jacob Rennick
answered on Sep 24, 2021

You do not need an attorney, however, it is highly advisable to employ an experienced title attorney to ensure that your sale does not have a clouded title. The cost of hiring an experienced attorney now can save you a lot of money later if you end up in litigation down the road based on an... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My sibling is primary on our residential mortgage. What options do I have if I want to sell but he doesn't?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 19, 2021

You can always see your interest in the property but as you might guess, it is usually difficult to find a buyer for something he may not be able to do anything without the co-owner's consent. It is also possible you can try to force a judicial sale of the property and if you decide to go... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I've been trying to purchase a piece of property in town, buyer is thinking about backing out.

I've been trying to purchase a piece of property in town for going on 7 months now. We have had extension after extension because of some title work. Come to find out the seller isnt the sole owner of the property. The other owner is tempted not to sell to us and wants to sell the property to... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 18, 2021

If you want a lawsuit to make the owner(s) sell the property, then I do not think a suit for specific performance is going to get you there unless you have all of the owners sign the purchase agreement or you can prove that the owner who did sign the purchase agreement had authority to sell the... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Am I required to provide a purchase agreement as the seller of our home?

Hi, my husband and I are selling our home by owner. We have someone who verbally made us an offer on the house. Im unsure if im required to draw up a purchase agreement or if thats supposed to be his obligation. Also, if I can pay a real estate attorney to do the purchase agreement if so? Neither... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 28, 2021

At some point in time something is going to have to be drawn up and signed, most likely called the Act of Cash sale. Who is preparing that? Before the act of cash sale, most times the parties have a purchase agreement prepared and signed so that the parties have in writing the details of the... View More

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
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answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
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answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... View More

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... View More

2 Answers | Asked in Intellectual Property and Real Estate Law for Louisiana on
Q: We have a donation of property that is being revoked. Was presented to us as a legal document by a notary. Now the donee

Wants to revoke saying the witnesses were not present. Her attorney wants us to sign a stipulation saying we agree it’s not valid. We don’t want to sign because this doc has cost us thousands of dollars and would like recourse. We do have a court date...question is can we not sign and let... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 13, 2021

If you have a court date, then a lawsuit has been filed. You indicate that "...this doc has costs us thousands of dollars and would like recourse." You need to immediately consult with an attorney or 2, and then hopefully hire one to represent you. Good luck.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: How do you get a birth or death certificate when you don't know either date?

Uncle died and we were dividing things up until we found out he sold a piece to his son who died shortly there after. I don't know the sons birth or death date, just his name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2021

I am assuming that would be your cousin. First you can look for an obituary on line. Second you can contact vital records.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My ex wife had a inheritance account she spent money out of a d wants half of the money she spent back? Is that legal

Live in Louisiana. She spent money out of her account through your marriage on a variety of things. Food, house note, etc. am I legally obligated to pay that back? And if so wouldn’t that open her account up as community property

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 4, 2021

Your attorney should be able to argue that daily expenditure was a gift. But for any major expenditure, like a home remodel or car, she would be entitled to a reimbursement if she has the bank statement, invoice, or cancelled check to prove it.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
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answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

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