Ask Experts Questions for FREE Help !
Ask
    terristout's Avatar
    terristout Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 12, 2013, 08:23 AM
    Inheritance by minor children in Louisiana
    My mother died in 1980. She left a handwritten will. She owned property with my step dad. She left five minor children. In 1998 my step dad did a succession on my mother. He totally left out my siblings. He sold the property without legally notifying my sibs or settling with them. It is my understanding at the time and of presence that he could not do this. NONE of her children ever signed a legal document to give him any permission to sell property. Is it too late to contest this fifteen years later. I need to know for my peace of mind. Thank you
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #2

    Jun 12, 2013, 09:15 AM
    How was the property titled prior to your mother's death? You say she owned it "with [your] step dad" - if the property was titled as joint tenants with right of survivorship (which is the most common way for married couples to own property together) then full title would have passed directly to your step dad upon her death regardless of what her will said, and there is no issue. But if the property was held in her name only or jointly as "tenants in common," and if the will was considered to be valid by the probate court back in 1980, then there is an issue. So - do you know how the land was titled prior to her death?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jun 12, 2013, 10:14 AM
    What ebaines said is true, but I would think the statute of limitations on this has long passed so even if there was some illegality, its too late to do anything about it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Jun 12, 2013, 06:49 PM
    Quote Originally Posted by ScottGem View Post
    What ebaines said is true, but I would think the statute of limitations on this has long passed so even if there was some illegality, its too late to do anything about it.
    OP would have to had been of age (or almost) at the time, so minority would not have had any effect either.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Louisiana Inheritance Laws involving children from prior marriage [ 1 Answers ]

How is the estate divided in Louisiana when one spouse dies, leaving a surviving spouse, and children from a prior marriage (deceased spouse's children)? Both spouses are professionals and equally contribute financially to the estate. What happens if surviving spouse remarries?

Louisiana inheritance laws children [ 1 Answers ]

Inheritance In Louisiana: Background: The Father of 2 children divorces the mother of the 2 children and later marries a 2nd time to a woman who has a child from a prior marriage. The Father does not adopt child of 2nd wife. The 2nd wife works and has a pension of her own in addition to...

Louisiana inheritance [ 3 Answers ]

My father died recently without a will. What rights do surviving three biological children have? Mother is suddenly distrusting and secretive?

Louisiana inheritance laws children? [ 5 Answers ]

After the death of both parents how are assets distributed to surviving children?

Louisiana inheritance laws for children [ 4 Answers ]

Couple married for over fifty years in state of Louisiana, and still married. This couple has four natural born children, all children over the age of forty five and still living. None of these children have ever been in trouble with law, drugs, etc. This couple has property, and a little money,...


View more questions Search