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. My mother can not use usufruct (s/p) as she remarried (although divorced now)
1 Answer from Attorneys
If all three of you are children of her and the deceased, you are entitled to one-half of the property and she is entitled to one-half. Because she has use of it, she is responsible for maintaining it. No one can be forced to own property jointly so your sister can petition for the property to be sold or to be bought out.
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