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    4manner's Avatar
    4manner Posts: 1, Reputation: 1
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    #1

    Dec 10, 2012, 10:54 AM
    Louisiana law heir property
    My grandmother lived on 70 acres lad that she got half of when my grandfather died- and his children got the other half. When she died she gave her interest to my brother and when my mother died- she gave her interest to her children (four of us). The three of us (brother and two sisters or daughters) signed it all over to my oldest brother so that he could buy the other heirs out and get it all in one name. Then it was agreed that he would then divide the property among the four of us siblings. He never did that would never give it back. Now he and his wife are getting divorced and she is getting half of the place. Is this legal for her to be entitled to any of the land that was in my family- not hers? Please help me.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Dec 10, 2012, 11:10 AM
    Quote Originally Posted by 4manner
    The three of us (brother and two sisters or daughters) signed it all over to my oldest brother so that he could buy the other heirs out and get it all in one name
    Your brother is the legal owner of what used to be your property, because you gave it to him as a gift. Did you have any frm of contract about this? Anything in writing that would protect your interest in the property? Or was this all verbal, and if so was there any discussion about time frame - for example was there an agreement that if your brother couldn't get the buy-out agreement completed by a certain date he would sign your portion back to you? And what if he were to die - what does his will say about disposition of the property? If his will is not in order and he passed away the full interest could go to his wife (if they're not legally separated already).

    As for the fact he's getting divorced - that really does complicate things. Louisiana is a community property state so there may be a perception that everything gets split 50:50. But in Louisiana property acquired by inheritance or gift (which is what this land deal was) is not community property, even if it is acquired during the time of the marriage. Your brother needs to engage a lawyer immediately to make sure that the land is not split with his ex. You guys tried to do the real estate deal on the cheap without a lawyer and it is now biting you; make sure your brother doesn't make the same mistake again as he works through his divorce.
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