Ask Me Help Desk - Property inheritance in Louisiana

Property inheritance in Louisiana

Parents died intestate in 1996 and 1997; 3 adult siblings. One mentally disabled sibling lives with another sibling on said property; the 3rd lives in Texas. The one in Texas is trying to force the sale of this property, therefore, displacing the other 2. Note that these 2 are almost indigent. What options do they have?

So there are two who are indigent, meaning no income, etc. I cant answer your question but others can and I hope you stick around to hear what they have to say about this situation which sounds beyond bad.

The brother in TX can indeed force a sale, by filing a partition law suit and obtaining a court order to sell and divide the proceeds. Obviously you're better off reaching an amicable agreement on this, and avoiding the costs of the lawsuit. You say the LA brothers are almost indigent, so if they can't afford to buy the TX brother out of his 1/3 share and he doesn't change his mind then ultimately they will have to sell.

I assume the property is currently deeded to the 3 siblings as joint tenants. If not, how is it deeded? Was the estate ever probated?

As noted, the 3rd sibling can go to court to try and force a partition. I'm not sure whether he will succeed, but its probable.

What is the property worth? Is it possible that the 2/3 share will be enough to purchase a smaller living space for them?

Quote:

Originally Posted by ebaines

The brother in TX can indeed force a sale, by filing a partition law suit and obtaining a court order to sell and divide the proceeds. Obviously you're better off reaching an amicable agreement on this, and avoiding the costs of the lawsuit. You say the LA brothers are almost indigent, so if they can't afford to buy the TX brother out of his 1/3 share and he doesn't change his mind then ultimately they will have to sell.

Given that the one is handicapped, is there any special consideration? Also, given that the parents passed away more than 15 years ago and these other two siblings have been maintaining the property and paying the taxes - is that a considerations? Thanks!

Quote:

Originally Posted by concerned frien

Given that the one is handicapped, is there any special consideration? Also, given that the parents passed away more than 15 years ago and these other two siblings have been maintaining the property and paying the taxes - is that a considerations? Thanks!

I don't know if the disability will merit special consideration. It might, it depends on the local courts.

If the 2 siblings have been paying the taxes and maintenance for 15 years, then they should be reimbursed for the 3rd siblings share of those expenses.

OP should consult a Louisiana attorney. Inheritance laws are distinctly different in that state, and my understanding is that there may be a provision which would protect the siblings living in the property.

Quote:

Originally Posted by AK lawyer

OP should consult a Louisiana attorney. Inheritance laws are distinctly different in that state, and my understanding is that there may be a provision which would protect the siblings living in the property.

Succession was opened after mother's death - property is deeded to all three siblings. I understand that LA has some special considerations for handicapped siblings. Though the property has significant acreage, the home has essentially no value and is located so "rurally" that a sheriff's sale would net very small amount for the displaced parties. I will seek the aid of a local attorney on their behalf.

Quote:

Originally Posted by concerned frien

Succession was opened after mother's death - property is deeded to all three siblings. I understand that LA has some special considerations for handicapped siblings. Though the property has significant acreage, the home has essentially no value and is located so "rurally" that a sheriff's sale would net very small amount for the displaced parties. I will seek the aid of a local attorney on their behalf.

I don't know that any law protects them because of the handicap. I'm thinking of a term called a "usufruct". But yes, you should look into it.

Quote:

Originally Posted by AK lawyer

I don't know that any law protects them because of the handicap. I'm thinking of a term called a "usufruct". But yes, you should look into it.

Yes - I am seeing something about "usufruct" and also a reference to "forced heir" as a consequence of the mental disability.

Thank you very much for your comments. I will contact an attorney.

The fact that the property is deeded to the 3 siblings removes inheritance from the picture. That the property was inherited is now moot. The only issue is whether a court will grant consideration for the disability.

You didn't answer about the value of the property.

Quote:

Originally Posted by ScottGem

The fact that the property is deeded to the 3 siblings removes inheritance from the picture. That the property was inherited is now moot. The only issue is whether a court will grant consideration for the disability.

You didn't answer about the value of the property.

This property has been in the family for 5 generations and has not been appraised. The tax assessor has applied a "homestead exemption" and places a "value" of $2340.

An assessed value is for tax purposes, it is not a market value. Ask a local retailer for a rough estimate.

Very possible, the court will cause the land to be actually divided, I there is acreage. The one brother could then sell of his share.
But yes, the one brother will have to be allowed to be paid for his share, if the two other brothers can not buy him out, either the land will have to be subdivided and the one share given to brother in Texas or sold and money given

Chuck makes a good point. Since it is acreage, it is probable the court will divide the acreage into 3 parts. With the part with the house a little smaller. The TX brother will they get his part and he can do with it as he wishes.

Quote:

Originally Posted by ScottGem

Chuck makes a good point. Since it is acreage, it is probable the court will divide the acreage into 3 parts. With the part with the house a little smaller. The TX brother will they get his part and he can do with it as he wishes.

This would be an ideal settlement and was even proposed by the two siblings (aged 41 and 61) that live on the property. The Texan (71 year old) is the one that has retained an attorney who is threatening to force a sheriff's sale.
I appreciate all of your insights and have made an appointment with a local attorney.

Did he actually use the words "force a sheriff's sale"? That is not quite how it works. A sheriff's is usually an auction as part of a foreclosure. If the TX brother or his attorney is threatening that, I'm not sure they know what they are talking about.

Please keep us informed about what happens.

Quote:

Originally Posted by ScottGem

Did he actually use the words "force a sheriff's sale"? That is not quite how it works. A sheriff's is usually an auction as part of a foreclosure. If the TX brother or his attorney is threatening that, I'm not sure they know what they are talking about.

Please keep us informed about what happens.

I will keep you posted. Thank you again for the insights

Quote:

Originally Posted by concerned frien

I will keep you posted. Thank you again for the insights

In a consultation today, I found out that the older brother can force the sale of the undivided property - even against the will of the other two owners. I will try to get her an attorney.