Legal Question in Real Estate Law in Louisiana

I have a friend who has been appointed curatrix for her father. The father is totally incapacitated and deemed so by the judgment of interdiction. Her family would like to transfer the father's interest in 3 parcels of land and 2 vehicles to his wife. The father has been in this incapaciated state for a year and is hospitalized. Is a donation the proper form or prehaps a dation so the property can be exchanged for any monies needed or already utilized in taking care of his needs? Also, I think the dation may be executed without obtaining court authority...she has letters of curatorship.

Thanks


Asked on 8/17/11, 8:40 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

A dation en paiment is used when monies are owed on a thing and the thing is to be returned in lieu of payment. A donation inter vivos would be the proper vehicle, but the wife already owns one-half of any community so it would be a donation of his share of the community. Any exchange of real property must be filed in the mortgage and conveyance records at the clerk of court.

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Answered on 8/23/11, 6:05 pm


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