Legal Question in Wills and Trusts in Louisiana

Re: Selling Inherited Porperty

Dear Law.Guru Friend,

Yes, there is something you can do, but you must act fast. Find out if a succession has ever been opened. If not, you can open it and have yourself appointed the succession representative; and then everybody has to deal with you. You are the court-appointed "leader" of the estate, and you can do whatever you petition the court for authority to do and whatever the court approves. Now if a succession has been opened and you have been placed into possession as one of the heirs or legatees, then you own an undivided interest in the subject property; and although others may sell their undivided interests in the property, they cannot sell yours for you. Now you can find out if a succession has been opened and/or completed by checking with the Clerk of Court of the parish where the estate property is located. If it has been opened and someone has already been appointed the succession representative (executor/executrix), then that person is calling the shots; but still that person has to obtain court approval to sell the property. You have the right to petition to have that person removed as succession representative, if you have good cause; or you have the right to oppose the sale of the succession property, if that is in the best interest of the estate and heirs. There is more to it than this, but this is something to think about. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA