Legal Question in Real Estate Law in Louisiana
my mother died 9 years ago,and for the last seven years my oldest sisters,just took over the house.my mother died with out a will,the house is paid for,but my sister does not get along with the four remaining siblings.we have not approached her yet but we want to sell the house and split the sale between the four of the remaining siblings.what process would we have to go through to do this?
my sister can have the house,we just want our cut of the sale.
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1 Answer from Attorneys
You need to get an attorney and open your mother's succession. A Judgment of Possession will issue naming the 5 siblings as owners of 1/5th each in the house and land and then it can be sold. The problem is that until the public records shows the correct ownership, no title company will issue a clear title opinion so the buyer can feel safe buying the property and if necessary a lending institution will feel safe lending money to buy it. One other thing. Where is your dad, or your mother's husband? If his succession was never opened, then that may have to be done as well. And, are there any siblings who have died and left children. If there are more than 5 kids, but 1 or more are dead, then the deceased one's children have a right to a share.
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