Legal Question in Wills and Trusts in Louisiana

I have two questions. My parents own some property in both their names but my dad now is deceased and my mother wants to sell the property. Can she sell the property without the children's signature. Another question is that my father also inherited some property. Who does the property belong to now the children or the wife. He didn't have a will.


Asked on 2/26/11, 2:00 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Someone needs to open your father's succession. NO ONE can sell any property he owned at his death without a succession being opened unless the buyer is an idiot. And even if he is an idiot, the sale is invalid. Check whether your mom opened the succession without your knowledge and somehow was declared owner of the property in question. If what you say is correct, she owns 1/2 outright because it is community property, She also would enjoy the usufruct of the property which in itself has a value. The rest is owned by the kids. However, unless the buyer is an idiot, they must obtain the "owners" signatures and unless your mom and the other heirs have been declared the "owners" then only your dad's signature is necessary and that would be impossible. Any property your dad inherited belongs to his heirs. If no will, then his children would divide that property equally.

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Answered on 2/26/11, 5:06 pm


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