Legal Question in Wills and Trusts in Louisiana
Mother selling house
my father is deceased my mother is now selling the house and going into a retirment home. What are my rights, do I have to consent to the sell of the house? Am I entiled to my share of my father's share of the money?
1 Answer from Attorneys
Re: Mother selling house
The answer to your question depends on what has been done previously with your father's succession. If your father died without a will and the house was community property, then the children became owners of the house and other assets belonging to him, but this ownership right is subject to the surviving spouse's right to usufruct (or use) of the assets, including the proceeds of selling the house, up until the time of her death.
There are many other possibilities, but before you question could be answered, one must know whether your father left a will, what the terms of the will were, and whether his succession was ever opened. I hope that this helps.
Perry Staub
Taggart Morton
2100 Energy Centre
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