Legal Question in Wills and Trusts in Louisiana

My husband passed away last December. In 2005 we divided the land and gave half to oldest daugther and donated the other half to youngest daughter. The attorney came to our house for us to sign the final donation papers because my husband was sick. The attorney took the papers back to her office and had her two secretaries to witness my husband's and my signature and we were not there in their presence. Before my husband's death we had trouble with my youngest daughter and her husband. They are trying to take my home and land from me because the attorney did not put in the papers giving me usufruct of the land. I hired an attorney in January and he sent her papers stating the donation papers were not any good. After receiving the papers my dauhter and husband went to a bank and borrowed $100,000 and used this land as collateral, bank did not do a title search. And she also leased the land to a nephew that did not get along with my husband. The attorney that drew the papers up admitted to my attorney she did wrong. My attorney told me I have a 50-50 % chance of losing my home. For some reason he is dragging his feet and I want this over with. At 64 years of age after working hard for this land I might lose it and I don't think its fair. I can not afford to hire another attorney and want to know your thoughts on this matter. Any advice would be appreciated. Thank you, Patsy LaBorde


Asked on 10/27/09, 7:32 pm

1 Answer from Attorneys
Jarrett Ambeau The Ambeau Law Firm

I feel for you and your situation. I am sorry that you have any chance to lose your home. I hope that your current attorney is taking care of you, and he may indeed be doing just that. You need to communicate with your attorney and ask what action he is taking.

Not knowing the details of this situation, it is difficult to make any meaningful assertion of your rights, or your appropriate next steps. There are a number of steps that may be taken; suit to nullify the lease and void the loan, an injunction to stop any further action in relation to the property, a malpractice suit for damages against the first attorney for a fraudulent donation, etc...

Are there any free legal services in your area? Have you called the State Bar Association? Or the disciplinary counsel for the State Bar? Good luck to you, I hope this all works out and you are able to stay in your home.

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Answered on 11/08/09, 9:15 pm


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