Legal Question in Real Estate Law in Louisiana

Father passed away -

My Father passed away 10 years ago. My mother has been living in the house that they bought together over 30 years ago. My Father's name is still on the house, as my Mother has never had need to have it removed. I will soon be purchasing her another home, and I want to pay this one off for what she owes on it and buy it from her. I have 2 other siblings and my question is this-My siblings believe that they have an interest in the house. As in if my Mother sold the house right now they should be entitled to part of whatever money that she would make off of it. When my Father passed he did not leave a will, and my Mother has been making payments on the house to her mortgage company steadily. Do my siblings indeed have some sort of say on what she does with what I consider HER house. Their names nor mine are on the house as it stands now. Thank you.


Asked on 2/13/09, 4:12 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Father passed away -

The simplest way to handle this is to open your dad's succession. Then, on paper, your mom would get her 1/2 of the house, (she would retain the usufruct over the other 1/2) and you would get your 1/6 and your siblings their 1/6 each.(Ownership subject to your mother's usufruct) Included in that would be a claim as a debt to the succession of all the money your mom spent keeping you and your siblings 1/2 interest in good shape. There is an excellent chance that the equity against the debt owed your mom would be a wash out. I suspect any buyer would finance the purchase and you can bet the financing agency would want the succession opened and the heirs place in possession. If you were in Lake Charles, I would say call me to discuss it or tell me where you are and I can help you find a reasonable attorney to do the succession.

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Answered on 2/13/09, 4:22 pm


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