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Terryterry
Apr 6, 2011, 04:06 PM
If a judgement of possession was giving to a judge and signed,by the judge is it a legal decument if the other sibilling didn't get a equal share of the divided property, and didn't get a chance to contest . The state is Louisiana

Fr_Chuck
Apr 6, 2011, 05:01 PM
Of course it is a legal document if it is issued by the court and signed by the judge.
That does not mean that the "other sibilling" can not file an appeal of the ruling if he has a basis for the appeal. Of course the question is why he did not GET A CHANCE TO CONTEST. Was there not legal notification ?

Terryterry
Apr 6, 2011, 05:05 PM
No there was no legal notification of anykind.

Fr_Chuck
Apr 6, 2011, 05:30 PM
Who filed for the paperwork, was it published in the paper that the action was going to take place,
There had to be evidence that all parties were notified or an attempt had been made to notify

Fr_Chuck
Apr 6, 2011, 06:53 PM
Please stop starting new threads, if you want to add more info here, please do it by answering your own question

Terryterry
Apr 6, 2011, 08:34 PM
I'm sorry I did mean to tread on any one and if know the answer to my questions, I wouldn't have to ask help desk. Which if any is a member think I did something wrong by asking my question in the only way I see how tto ask it. And if there is another way please let me know. I only won't to use the help desk site to respone to a question.

Thank you , Terryterry

joypulv
Apr 6, 2011, 10:50 PM
Use the Answer button on your other thread.
Go back and explain exactly what happened, each step.

ScottGem
Apr 7, 2011, 03:49 AM
I've merged your threads for you. As joy said there is an Answer this question box at the bottom of the page. If you have any follow-up questions or information use that to add to this thread. The ASK box is for asking a new question not adding to a thread.

The problem here is that you are giving us very little information to go on. Was there a will or did the deceased (I assume parent) pass without leaving a will. The laws of inheritance in LA are more complex than other states. Was the estate probated? Was an executor appointed. What property was possessed in what way? We need full details in order to advise.

joypulv
Apr 7, 2011, 07:08 AM
No need to feel bad (a statement to that effect that is now gone), just answer all the questions, or no one can help you. All we know is that you are in disagreement with a sibling and weren't informed.

Just to give you an idea of how complicated LA can be when it comes to inheriting when there was no will (intestate):
Inheritance rules are different for community and separate property. If the decedent had children or other direct descendants, they will inherit the decedent's separate property and the “naked ownership” of his one-half of the community property subject to a surviving spouse's “usufruct.” The usufruct lasts until the surviving spouse dies or remarries. The usufruct applies to community property, even as to children of another marriage, and as to forced heirs' portions, if any. For other intestate successions, you have to classify the decedent's property as community or separate in order to identify the heirs. Community property goes to the surviving spouse if there are no children or direct descendants.

For separate property, there are 5 classes of intestate heirs. They inherit in the following order of priority:
1 Descendants
2 Parents and siblings (and their descendants)
If there are siblings (or their descendants) and surviving parent(s), the siblings (or their descendants) inherit subject to a joint and successive usufruct in favor of the parent(s).
If there are siblings (or their descendants) and no surviving parents, siblings (or their descendants) inherit free of usufruct.
If there are no siblings (or their descendants), the surviving parent(s) inherit.
Note: Check Civil Code art. 892 for rules for half-siblings
3 Surviving spouse if not judicially separated from decedent
4 More remote ascendants (e.g. grandparents, aunts, uncles)
5 More remote collaterals

As for not knowing, it's your job to come forward after someone dies and the probate court publishes an announcement in a local paper. They allow plenty of time. Had there been a will, the lawyer handling it would have made an effort to locate all heirs. You can try suing the sibling now.

Terryterry
Apr 7, 2011, 12:21 PM
Okay I hope I'm doing this right for the question about judgement of possession in the state of Louisiana,there was six sibillig who all had the same mother but different father's. The first four sibilling are the oldest, one girl and three boys and then two more boys from another marriage after the death of her first husband, but then later the mother and second husband both died. The oldest of two boys from the second marriage then went and had judgement of possession done with his name as first and etal the rest of his sibilling which included them but not with a equal share of the property. If the other sibilling had known about this document they could have contested it then. But they were not notified. You see they don't live in Louisiana . And there was no attempt to reach them other wise. But the oldest boy from the second marriage did hair a lawyer which he paid. And when the lawyer ask would anybody contest it the boy who is a man of couse from second marriage said no. so the document was sign by a judge and filed. This document was filed 24 years ago. And now is the first time in 24 years that other sibilling fin

Terryterry
Apr 7, 2011, 12:39 PM
And now for the first time in 24 years the other sibilling find out about this whole thing on what was done and how the man from the second marriage may have decived them . Because now he won't to buy ever body else out but when the shares of the property are not equal, if they sold to him he would be sticking it to them again. The property is not in probate are up for a shirff auction.

AK lawyer
Apr 7, 2011, 12:51 PM
okay I hope I'm doing this right for the question about judgement of possession in the state of louisiana,there was six sibillig who all had the same mother but different father's. The first four sibilling are the oldest, one girl and three boys and then two more boys from another marriage after the death of her first husban, but then later the mother and second husban both died. the oldest of two boys from the second marriage then went and had judgement of possession done with his name as first and etal the rest of his sibilling which included them but not with a equal share of the property. if the other sibilling had known about this document they could have contested it then. but they were not notified. you see they dont live in louisiana . and there was no attempt to reach them other wise. But the oldest boy from the second marriage did hair a lawyer which he paid. and when the lawyer ask would anybody contest it the boy who is a man of couse from second marriage said no. so the document was sign by a judge and filed. this document was filed 24 years ago. And now is the first time in 24 years that other sibilling fin

Yes. Much better.

Let me see if I can accurately summarize:

Mother had 4 children (A, B, C, & D) from her first husband.

She remarried, they had two more children (E & F), and then both died.

Then "E" went to court and petitioned for a "judgment of possession" some 24 years ago. One of them was in the courtroom and stated that he wouldn't contest the petition. The rest of the children were not given notice and had no idea this was going on.
Is that right?

Ok. What does this "judgment of possession" provide? Does it effectively settle the parents' estates? Did the other children not have any idea that the parents had died? 24 years is a long time. I suspect that all applicable statutes of limitation have expired.