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I do have a buyer...Can I still sell? Complex Estate Successions in Louisiana

This legal question related to estate planning in Houma & LouisianaLouisiana has been answered.

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Location: Houma, Louisiana  |  Law type: estate planning
Solved

-Selling small piece of land.
-Parents died intestate. Oldest    sibling is executor.
-Small Succession in Louisiana of parents filed in court.
     5 siblings,
         3 living,
         1 passed, replaced with only heir in the Succession.

PROBLEM:
1 passed (recently),
    4 children,
       1 biological (REFUSE TO SIGN),
       3 NOT biological, father's name  placed on birth certificates,
           1 of those (REFUSE TO SIGN).

Legal Solution

The response provided below is specific to estate planning in the jurisdiction of Houma, Louisiana. If the response is inadequate, please submit a detailed inquiry.

Complex Estate Successions in Houma, Louisiana

The sale of land after the passing of a family member, particularly without a will (intestate), can be legally complex. Especially in cases where there's a mix of biological and non-biological heirs, and when multiple parties refuse to sign necessary documents. This issue is heightened in Louisiana, where the nuances of estate planning and succession laws come into play. It's crucial to understand these nuances to successfully navigate the legal landscape.

1.1. Relevant Louisiana Estate Planning Laws:

  • Louisiana Civil Code - This deals with matters of inheritance and successions.
  • Louisiana Code of Civil Procedure - Provides procedural guidelines for successions.
  • Louisiana Revised Statutes - Particularly Title 9, which covers civil matters, including intestate successions.
  • Homepage of the Louisiana State Legislature - This is the primary source for Louisiana laws and statutes.
  1. Potential Solutions for the Problem:

To sell the land, you'll need the consent of all heirs, or an alternative legal route. Here are potential steps to take:

  • Legal Consultation: Before anything else, find the right lawyer who specializes in estate planning or succession law in Louisiana.

  • Mediation: If some heirs are refusing to sign, consider arbitration and mediation attorneys to help resolve disagreements.

  • Judicial Intervention: If mediation fails, you might need to ask the court to intervene. This can be a lengthy process but might be necessary if you're keen on selling the land.

  • Selling Rights: If an heir doesn't wish to be involved, they might be willing to sell their rights. This could be an easier route than forcing a sale.

  1. Estate Planning Service Costs in Houma, Louisiana:
Service Average Cost
Consultation with a lawyer $250 - $500
Mediation Services $1,500 - $3,000
Judicial Intervention $5,000 - $10,000
Document Drafting & Notarization $150 - $500

Note: Prices can vary based on complexity and other factors. Houma, Louisiana might have specific pricing quirks due to local demand, expertise availability, or regional legal intricacies.

  1. Clarifications & Next Steps:

Understanding the specifics of your case can greatly aid in getting you the right assistance. Consider reaching out to experts to compare lawyers in your area.

  1. Relevant Questions for Further Understanding:
  • Who currently holds the legal title to the land?
  • Are there any debts or liens on the property?
  • Have all necessary death certificates been secured?

Common Questions & Answers:

What is the difference between testate and intestate successions?

Testate successions occur when the deceased left a will, while intestate successions occur when no will was left.

How long does a succession process typically take in Louisiana?

It can range from a few months for simple successions to years for more complex cases.

Is it mandatory for all heirs to agree before selling inherited land?

Usually, yes. However, legal measures can be taken if some heirs refuse.

Can an executor sell the property without the heirs' consent?

Not without a court order or unless the will specifically grants this authority.

What happens if an heir refuses to sign the necessary documents?

Legal mediation or court intervention might be necessary to proceed with the sale.

Remember, while this guide provides a broad overview, it's crucial to consult with a legal professional familiar with Louisiana laws for specific guidance tailored to your situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "I do have a buyer...Can I still sell? Complex Estate Successions in Louisiana" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Houma, Louisiana & area of law: estate planning.
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