Legal Question in Wills and Trusts in Louisiana

My Father passed away in May of 2010 and left no Will. Before he passed he left me a house, all my brothers and sisters agreed to this and know the house is mine. My Mother let my half-Brother move in there with out my consent, but they say I don't have no say so over the house. Can a vebal agreement or will be used in this type of situation so I can get the house put in my name and live there.


Asked on 8/31/10, 8:47 am

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

When there is no will left by the deceased, Louisiana law dictates that the surviving spouse will get one half of the community property with the remaining one-half going to the children and heirs. The spouse would get usufruct over the entire community but could not sell any immovable property without consent of all heirs. If the house in question was your father's separate property, it would go to all of the children or their heirs. Your recourse would be to file a succession and have the heirs placed in possession. Your siblings could refuse their portion in your favor orthe property could be sold and proceeds split. The question is your half-sibling an heir of your father or was the house community property of your mother and father. If community, your mother cannot sell it or give it away, but she could allow someone else to live there.

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Answered on 9/05/10, 10:06 am


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