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    Indi belle's Avatar
    Indi belle Posts: 3, Reputation: 1
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    #1

    Jan 6, 2013, 11:48 PM
    Heirs property
    Hello all... I hope someone can help me here! About 15-17 years ago my mom received a letter from an attorney office asking for her to donate her portion of heirs property to her aunt. My mom at the time worked for the DA and he said; no, pay no attention because the "threats" mean nothing. My aunt said she hadn't paid taxes on it and it could be lost to the remainder of family and just wanted her to donate. Well this was the first she ever heard of heirs property.

    Here is the long story:

    My great grandpaw died in the 60s.
    He was married w 3 children.
    Had 8 grand children.

    His 3 children: Rome, Edward and Francis. Rome died young w no kids. Edward had 5 kids and Francis had 3.

    My great aunt said my ggmaw Emma got w 3 acres. Which left 3 for the 3 kids. Well when Rome died my aunt also said his land went to ggmaw Emma. Which then left 2 acres to be split btwn her and 8 grandkids.

    They keep telling my mom and her sister (cuz the other 3 signed a letter fm attorney stating they donated) that they hv 1/5 an acre. Well I've asked for a copy of will if one, copy of deeds signed, notarized donation forms, and paperwork stating the 3 acres went to my ggmaw Emma and that Rome's land went to her, leaving 2 acres. BUT I'm refused to see the paperwork. Well now my aunt Francis is ill and not doing well and the daughter to her is anxious to get remainder of land donated to her. Now she is willing to pay 1500 per sister (my mom and her sister)... I've went to court house and can't find a single piece of paper that has been filed, no deed in anyone's name its been donated to, NOTHING WHAT SO EVER! The only thing I have been able to find is a big book w the property on it listed in my ggpaws name. From what I hv gathered fm family members; the deed is still in my ggpaws name and it hasn't been surveyed since he did it bk in 50s.. . it was nvr split up btwn all the grandkids, not surveyed sice and nvr a deed signed or anything notarized.

    I am not even able to find anything in my ggoaw Emma's name. Only thing I can cm up w is everything is still in my ggpaws name. The deed and last survey!

    This goes way bk w the family. One of my moms sisters who signed it over was scared by them. She was going through a divorce and they told her if she didn't hurry and sign over her ex would get her heirs property. My other two aunts (one in Arkansas one in Nevada) was told they might hv 30 sq ft each (why they believed 1/5 an acre was 30 sq ft ill nvr understand) but they signed and mailed bk. They now know the truth and wish they nvr would have did it. Those donation papers were not notarized they said. They sign and mailed right bk.

    This land is located in richland parish, Louisiana. In the last 5 years my 2 and cousin (who bullied so many into signing over) has since placed 2 trailers and built 3 cabins on the 6 acres and is renting the property out. She told my mom and her sister that their land is across dirt road and in the ditch meeting the small river.

    How can she possibly do all this? I know you need 911 address in order to get permits for utilities for development and wouldn't u need proof this is your land in order to do so??

    How do I find all the facts winthin public establishemnts? (Only courthouse?)
    If the land was nvr surveyed again and sorted amongst all the people how was it donated legally?
    If there is no will how did my ggmaw Emma get 3 acres? ( la law says it goes strait to children when one parent dies)
    Is this even legal? Can she make all this happen? And build cabins on property? Move in trailers? Rent property?

    My grandpaw Edward died when my mom was 7. He left 5 girls behind. The family came in after the car accident, split up all 5 girls, took the cars, horses, furniture, farm equipment, clothes, EVERYTHING!

    THEY HV TOOK ENOUGH FM MY MOM AND HER SISTERS. I AM READY TO FIGHT THEM FOR WHAT LIL SHRED OF LAND SHE CAN GET. My mom is disabled, set income and financially can't fight. But I can for/with her.

    Can anyone please point me in a good direction to where I need to go to get the documents I need. I did meet w an attorney he said find what I can, then bring it in so he has something to work with!!

    Ty much Belle in Louisiana...
    Indi belle's Avatar
    Indi belle Posts: 3, Reputation: 1
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    #2

    Jan 7, 2013, 12:14 AM
    I didn't mention: 6 of the 8 grandchildren hv donated. Only one other living heir, great aunt Francis, now in nursing home fighting dementia. Her daughter is the member pushing for the remaining donations to go to her. She now (supposedly) owns the remainder of land through donations. My husband is a surveyor and keeps telling me this isn't legal and she don't get to determine who gets what. My moms sister who hasn't donated wanted to combine her area w my moms so they could mk lot ill bigger and hv a camp they can share, but Francis daughter (2nd cousin) says no they hv to divide. So one end of property is my moms and other corner my aunts and 2nd cousin runs btwn the 2. She's mkn all the rules here. She lives in Illinois n don't cm down. Once all land is donated to her she is then donating to her daughter. Which is my 3rd cousin and a great grandchild like myself. Again thank you and I hope this isn't too confusing...
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #3

    Jan 7, 2013, 06:00 AM
    It is confusing because of all the hearsay involved. The first thing that comes to mind to me is how property taxes have been handled all these years. Who is paying the taxes and what are the bills based on? Have you looked at tax records? These are often available on government websites.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 7, 2013, 06:27 AM
    A complete title search of the property and a search of all of the probate court actions in the require to this property really need to be done

    You need an attorney that does both probate and real estate law to start a review of this
    Indi belle's Avatar
    Indi belle Posts: 3, Reputation: 1
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    #5

    Jan 7, 2013, 08:56 AM
    Fire tax has been only tax paid through the years. The land and old home place is home state exemption. And the 2nd cousin pays that since she has placed 5 homes on the acres. My great grand mother passed away 6 years ago and she paid fire tax until she passed away. I'm going bk to court house today after lunch to see what I can out out, if anything. I hope I don't leave again empty handed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jan 7, 2013, 10:35 AM
    Quote Originally Posted by Fr_Chuck
    ... You need an attorney that does both probate and real estate law to start a review of this
    I can't imagine how an attorney could possilbly do one without also doing the other. :)

    The thing to keep in mind is that the inheritance laws in Louisiana are very complex because, unlike the rest of the U.S. Louisiana has (or had until recently, I'm not sure which) the Civil Code (a/k/a Code Napoleon) in place. But nevertheless, it appears that OP's family failed to follow up with probate after the great-grandfather died. Someone in the family just saying that so-and-so gets so many acres out of such and such a piece of property is not adequate.

    I agree that OP needs to see an attorney about this.

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