Legal Question in Wills and Trusts in Louisiana
My father wants to sell the family house (which is in both my mother's and father's name). When my mother passed away she left written in the will that the house was to be used by my father 'until' he remarried, at which time it would be sold; my father would get 50% of the proceeds and the other 50% would be split amongst their 5 sons. My father has remarried but does not feel like he should have to sell 'his' house ... my question is, can he sell the house to a friend for, say $100.00 keep $50.00 and give us each $10?? (and then, of course buy it back from him). Can he do this? Do we have any legal saying as to who he sells it to and the amount he is selling it for?
Thank you in advance for your time.
1 Answer from Attorneys
You need to force the sale through the courts. The Court will order an appraisal and will not let is sell for less than the appraised value.
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