Legal Question in Wills and Trusts in Louisiana

my mother passed away Jan 12, 2010. My younger brother has taken over the house and claims that he "deserves" it. what rights do I have and can I force the property to be sold?


Asked on 12/16/10, 8:02 pm

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

The first thing that must be done is to file a succession. Your mother's estate owns the property presently. If she left a will, then the will's provisions will dictate to whom her property shall be owned. If there was no will, then the children will inherit equally. No one is required to own property together so in order to keep a piece of property which will equally belong to all heirs, the heir desiring the property will have to buy out the other heirs. If he is unable to do so, then the property will be sold and the proceeds split equally.

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Answered on 12/23/10, 5:10 am


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