Legal Question in Wills and Trusts in Louisiana

If I own 1/4 of a house and property from a will that was closed in probate in 1997 in Louisiana, but with a living will for the step grandfather to stay at the estate until his death. Sense he has passed now, May I live on said property legally WITHOUT consent from the other 3/4 owner? What should I do, or can do legally to move in to the house. Also, if my name was on the title, couldn't we just list the house and sell it, without having to go back into probate? The executor of the estate told me we had to go through probate, but I found the title and my name is on it so I am really confused. I just want to live in the house, not sell it and need to know legally what I can do to do that. Then sell when the market gets better.


Asked on 3/01/11, 6:38 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

A living will in Louisiana has to do with arrangements should you be unable to express your wishes as to health care. What you are describing appears to be usufruct. When one spouse dies in Louisiana, the other spouse is given usufruct over the community until death. So you must file a succession on the deceased. He has heirs also and his half of the community must be apportioned to his heirs. Once this is done, you will receive your portion. No one in Louisiana is forced to own property together. You and the other heir are owners. You both are entitled to possession of the property. Should you not wish to own the property together, either can force a sale.

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Answered on 3/03/11, 10:57 am


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