Legal Question in Real Estate Law in Louisiana

Here's the story. My husband's grandfather had some land that was passed down from his father. It was willed to the children. Which means when his great grandfather died, it went to his grandfather. When his grandfather died, it went to his children, meaning my husband's mother and uncle. As long as my husband's grandmother was alive, it was her land. Due to Hurricane Katrina, the house that occupied the land was demolished. My husband bought a modular home for his grandmother and it then occupied said land. The home was in he and her name. She passed in October 2009. The land was then inherited by his mother and uncle. She wanted to leave the land to my husband but due to his grandfather willing it to his children, it couldn't be done. The dilemma is, my husband wants to sell the house to a needed family but was told he has to do a succession. My questions are, is the house that was purchased by my husband for his grandmother, that is in their names only, now owned by his mother and uncle as well? And is it true in order for him to sell what he paid for, has to go through succession?

Tamara


Asked on 8/26/10, 8:21 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Tamara, the modular house is a moveable unless it is constructed so that it becomes part of the land. If the home can be moved, then it is owned by both your husband and the heirs of his grandmother. A succession will need to be completed in order to have good title to the moveable.

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Answered on 9/01/10, 9:49 am


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