Legal Question in Wills and Trusts in Louisiana

I own, through undivided interest, property with 2 brothers, with a usufruct for my parents. One brother died, leaving his 1/3 share to me and remaining brother. Executrix (his estranged wife, and not an heir) wants to sell the entire property to pay his IRS debts. How can she sell my and my remaining brothers each 1/3 undivided interest? The deed lists the three brothers as each being naked owners with usufruct to parents. This is in Louisiana. THanks


Asked on 9/07/11, 10:06 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Since she has no interest in the property, she cannot force the sale. However, if your brother left debts, and gave you an interest in the property, then if you accepted your brother's succession, you accepted the IRS debt as well. Be careful. Seek an attorney's advice face to face.

Read more
Answered on 9/07/11, 3:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Louisiana