Legal Question in Wills and Trusts in Louisiana
My father's estate is currently in succession. Him and my mother jointly owned a 3 acre piece of property. It is listed at the courthouse in both of their names and has no leins. My mother wants to mortgage the property but is telling me my sister and I need to completely sign off of the property for her to do this. She has talked my sister into signing an act of donation and is trying to talk me into doing the same. I don't care if she mortgages the property but I am not willing to give up my portion because it borders my property and she would be able to sell it to anyone once it is paid for. Is there anything else I can do? Also, if the property is listed at the courthouse in her & my deceased father's name, how would it be legal for me to sign an act of donation to her for property I don't own? From what I understand, the property will not legally have my or my sister's name on it until the succession is complete.
1 Answer from Attorneys
Your mother cannot mortgage the property unless she owns it outright.
Assuming that your father did not have a will, you and your sister inherited his one-half of the property at his death. You could donate your ownership interest to your mother within the succession proceedings, but then you would be unprotected. Your mother could mortgage or even sell the property and do whatever she wanted to do with the proceeds.
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