Legal Question in Wills and Trusts in Louisiana

Can my mother do a reversalable mortgage on the home without opening a succession? Is it true that my siblings and I must sign off for her to do so?


Asked on 1/03/11, 12:55 pm

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

It appears from your question that your father is deceased and the home was community. The next question would be if your father left a will? If not, your mother owns one-half of the community property and the children own the other half. Your mother would have a lifetime Usufruct over the community but she could not encumber or sell the property without the heirs agreeing. A succession needs to be opened.

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Answered on 1/08/11, 2:29 pm


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