Legal Question in Real Estate Law in Louisiana
I live in Louisiana and my fathered died 13 years ago and a will could not be found - my mother is alive and lives in a house that is paid for and I have a brother and sister. My sister does not want to be co-owner as she states and wants her 1/6 of the current appraised value which is legal. But my question is - can my mother deduct her 1/6 of insurance payments or improvements, new roof, new air, new flooring, new walls,etc...????? My brother and I are donating the property back to my mother. I don't think it's fair that my sister should just reap the benefits without putting out her share of any expenses.
1 Answer from Attorneys
She doesn't own a complete 1/6 interest now. She only owns a 1/6 portion of a naked ownership, subject to a lifetime usufruct by your mother. That essentially makes her ownership interest nil at this point. Moreover, she can't force your mother to buy her out so long as your mother has usufruct.
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