Legal Question in Wills and Trusts in Louisiana

Judgment of Possession

We have received a judgement of possession on our mother's belongings in Jan 2003. She had remarried and her second husband refuses to give us her belongings even with the judgement of possession. They had a pre-nup, what was hers was hers and his was his, no community property. The district of attorney's office said we could file theft charges on him. My question is can we wait until he dies and file a lien against his estate when his children file succession?


Asked on 7/25/03, 5:47 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Judgment of Possession

Do not wait.

First, you don't know how long he will live.

Second, he might get rid of your property.

Third, if he sells/gives the property to some unsuspecting person, that person has rights too.

Finally, Louisiana property law includes the principle of acquisative prescription. This means that a person who posesses property for a length of time eventually can become the legal owner of the property.

Call the District Attorney as soon as possible about prosecuting. I would also consult a lawyer about suing for posession and an accounting of the property. If your mother wanted him to have it she could have given it to him.

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Answered on 7/25/03, 7:04 pm


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