[YelllowD1988]

My mother and her siblings has heir property from their grandfather. After the grandfather(original owner) died the property became heir,the owner had wife. The wife and her son started selling to people that built or put homes on the heir property and only left 6 acres. Now the wife and only son is deceased, and someone else have sold Timber. All the transaction occurred with the heirs signature, no telephone call,no mail. The property is located in small town in Louisiana. One of the person that purchase the heir property worked about the court house. The people in the small town sounds uneasy when I injury. Is there anything the family can do, the people brought the property illegal but have homes on the property.

Forgot to mention when I call the county clerk, I was told when the owner died and succession was never done, land still in deceased person name.

[kcomissiong]

I'm not entirely clear on the circumstances here or on what your question is. Can you please clarify?

Who inherited the property after the grandfather passed away? Was there a will? Was it probated?

[Fr_Chuck]

Hire an attorney and file a claim in probate court

[YelllowD1988]

My mother and her siblings have heir's property from their grandfather. After the grandfather (original owner) died the property became heir, the owner had a wife. There was no will, succession, property remain in the death person name.

The wife and the last living her son started selling and to random people that built or put homes on the heir property and only were left 6 acres.

The wife and only son are deceased, and since their death someone else has sold Timber/sold all land except one acre. I was told it was decease son form out town completed the last illegal transaction. All the transaction occurred with the heir's signature, no telephone call, no mail. The property is located in small town in Louisiana.

One of the people that purchase the heir property worked for the court system. The people in the small town sounds uneasy when I injury. Is there anything the family can do, the people brought the property without inform all heirs but have homes on the property. The family does not understand how the court system allows the transition without appropriate signature. The most the buyers knew the property was heir's property and still purchase.

The information was provided to me by a relative in Louisiana.
I would like to know if you could further assist the family or do you handle this type of case. If you don't could recommend someone?

[YelllowD1988]

What happens when you file a claim in probate court

[kcomissiong]

If you don't know if the estate was probated, how do you know who inherited? Was the property owned by the grandfather or was it community property? You need to contact the executor of the estate to figure out how or if the estate was probated and distributed. LA has complicated inheritance laws, and you need a clear picture of what happened to know what your next step should be. As of right now, you have no idea who had the right to dispose of the property because you don't know who it belonged to after the death.

[JudyKayTee]

I simply don't understand the situation. When you file a claim in Probate Court you go to that Courthouse and file a form which is a dollar claim concerning an estate. I am GUESSING that the Estate is open, hasn't been formally closed? Louisiana is somewhat different because, unlike the balance of the US, it's based on French Law.

My understanding is - Grandfather dies. Your mother and her sisters/brothers inherit the property. I don't know what you mean by "the property became her, the owner had a wife." I thought your mother became one of the owners when your grandfather died?

If the wife DID become the owner and DID leave two children (or more) it is entirely possible that the remaining son is the last heir and did have rights to the property.

You don't need to call or write anyone if you own the property - which it appears he might.

I don't understand how the wife came to own the property if it was inherited by your mother.

You can only go to Probate and file a complaint/ask for info IF there is an open estate and IF you are entitled (legally) to inherit.

Where are you living? Not in Louisiana?

If a person sells property which that person does not own - and it's almost impossible to do so - it's a criminal act.

[YelllowD1988]

The land is open have not been in probate court, no succession never, the home to use classfied as hoemstead no taxes until 2008.

The owner was married and had two sons. The owner died, no will. Property left in deceased name. The wife, one son, and heir from the 2 deceased son were left.

The wife and son sold land. Wife went in nursing home and died. The last son died 2011. The property still left in deceased person name. Now only grandchildren left.

Last year the deceased owner great grandson paid property taxes and sudden land been sold again. The family did not know. As of now no succession, no probate court, people(buyers that made purchase) living on the properties without heir signatures.

[kcomissiong]

I don't think that there is any more we can tell you. Your situation is very concoluted, and I don't think you even understand everything that happened here. All we can suggest are the things that we have said already... go to probate and find out if the estate was settled or not. If it was, there is an executor who can tell you how the estate was distributed.

[JudyKayTee]

The land is open have not been in probate court, no succession never, the home to use classfied as hoemstead no taxes until 2008.

The owner was married and had two sons. The owner died, no will. Property left in deceased name. The wife, one son, and heir from the 2 deceased son were left.

The wife and son sold land. Wife went in nursing home and died. The last son died 2011. The property still left in deceased person name. Now only grandchildren left.

Last year the deceased owner great grandson paid property taxes and sudden land been sold again. The family did not know. As of now no succession, no probate court, people(buyers that made purchase) living on the properties without heir signatures.

You cannot file a protest in Probate Court over the Grandfather's estate IF the Grandfather didn't leave a Will OR there was never a probate action. Was it left in his name as a homestead in order to avoid taxes?

Here's what I don't understand. You say your mother inherited the land from your Grandfather. Then you refer to the "owner" and "he." If your mother inherited the land with her siblings, who is "he" and she would be the "owner."

The family does not have to know OR be advised IF they legally owned the property. It is almost impossible to sell property which you do not own.

I am reading things this way - your mother and her siblings understood or thought or were promised the land. Instead her father, your grandfather, the "owner" did not make any legal plans to transfer the land to your mother. When he died the land remained in the grandfather's name. When he died it passed to his widow and sons. That's not unusual.

Maybe title was changed, maybe not, but she WAS the owner.

Then she died, the land went to her sons, title was not changed.

Now the son's son (the great-grandson of your mother's grandfather) has inherited the land to do with what he wants.

I don't see where title ever passed to your mother. A promise is meaningless unless it's covered by Will.

I don't see anything illegal here. I also don't see how/where you've been harmed financially (which is all the Court cares about).

When did this happen - death of grandfather, death of his wife, death of son.