Legal Question in Wills and Trusts in Louisiana

Rights of Heirs Concerning Inherited Property

My mother died in 1999. Her 1/2 interest in her home was left to myself and my sister, subject to usufruct to my Dad, who lives in the house. I live in New Orleans, LA. Our home was damaged by Hurricane Katrina. My dad received homeowners and flood insurance proceeds. He has paid off his mortgage on the house with the proceeds. My sister and I know that if my Dad were to sell his home he would have to pay each of us our 1/4 interest. Is he obligated to pay us now that he has paid off his home? or do we still have to wait until he sells the home or upon his death? to receive our interest in the house. I know we could force him to sell the house, but I feel that would be wrong. It is his home and he and my mother paid for it all their lives. Please email at [email protected]

Thank you.


Asked on 7/11/06, 2:07 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Rights of Heirs Concerning Inherited Property

Your father cannot sell the children's interest in the property without their consent. Perhaps you and your sister should meet with your father and discuss the possibilities. Contact an attorney certified in estate planning and create a strategy in everyone's best interest.

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Answered on 7/11/06, 2:22 pm


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