Legal Question in Wills and Trusts in Louisiana
My mother died in 2007 without a will. I have three siblings, our father is deceased also. For the last 5 months of my mother's life I was mainly responsible for taking care of her, with my siblings helping out on weekends. I lost my job over this as it took almost all of my time. I lost my home to foreclosure in Oct 2007, two months after my mother passed away. I was forced to leave in Feb 2008, and moved into my mother's home with no objection from my siblings, as I had nowhere else to go. The house (my mother's childhood home) is 84 years old and in bad shape. My siblings now want me to move out so they can tear the house down. The house sits on approximately 4 acres. There was never a succession done on the property. My question is this: Can my siblings force me to move out? Can they tear the house down if I don't give my consent? Please help. I am running out of time. Thank you!
1 Answer from Attorneys
They can't really do anything until the succession is opened. You have as much right to the home as any of them at this point, since the succession hasn't been done and none of you has been put into possession. However, once they do open succession and an administrator is appointed by the Court, the Court will likely order you out of the home, unless you can buy out the others. If you can't buy them out, the Court will likely order you out so that the property can be sold.
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