Legal Question in Real Estate Law in Louisiana
I am one of 4 sisters who inherited 2 houses from our parents. We each have an undivided 25% interest in the property. However, 2 sisters were listed in my mother's Will as co-executrixs after my mothet's death. My mother died in Feb 2007.Succession was opened and completed in December 2007. The Judgment of Possession placed me and the other 3 sisters equally in possesssion of all of our mother's estate. My father died ten years prior to my mother and his estate was also for equal possession of everything. Well, the 2 sisters co-executrixs have taken advantage of their positions and have used their power to financially benefit for their own selfish purposes.
In spite of the Judgement of Possession they have rented 3 apartments to tenants in the property and are collecting rent. I, not only was not informed about their decision, I have and am still presently not receiving any rent proceeds, nor any accounting of the monies.
Am I entitled to receive the 25% rent proceeds because of the Judgment of Possession? The other siblings have collected rent on three apartments since April 2007 and I've recieved zero. I recently discovered that they're also collecting rent proceeds from a federal housing voucher program for one of the tenants. Upon discovery of this issue, I immediately informed the federal program that I too am an owner. I brought all of the proper documents proving my ownership interest. Upon review of the documents by the legal team in the federal program, they concluded that I was and still entitled to receive my 25% interest from any and all proceeds from my parent's estate.
However, my siblings are still refusing to honor this process. They refuse to give me my 25% interest, as well as respect tyhe Judgment of Possession.
They removed my personal property from one of the homes and discared them without my knowledge and subsequently rented the apartment where my property was. I travel a lot because of my job and during one of my business trips they engaged in this terrible act.
How can they be legally stopped? What are my rights as they pertain to my undivided 25% ownership. Can they legally rent the property without my consent, as well as collect rent? Where do I fit in to this scenario? Do they have a right to take these proceeds and do whatever they want.can they rent the property to whomever whenever they feel like it.
Doesn't the Judgment of Possession mean that they are no longer executrixs and can't do and act as they please in particular, excluding me from every aspect of my parents' estate?
What steps do you suggest I take? Thank you
1 Answer from Attorneys
You are an equal co-owner. The judgment placed you all in possession and that ended the duties of the executor. You are entitled to your percent of any proceeds derived from the property. No one can be forced to own property together in Louisiana. You have the right to petition the court to divide the property or sell it and equally split the proceeds between all owners.
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