Legal Question in Family Law in Louisiana

Mixed up Mom

My dad died 2 yrs ago. when he died he left 2 houses one that was paid for and one he and mom were still paying the notes on. Two months after the death, she moves his brother in and now she's dating him. She has put his name as co-owner on the house and didn't check with the four adult children my father has. we have no ''say-so'' in any of it. can she do that? Legally, can we have him put out? or wasn't she supposed to get aprroval from all of us?


Asked on 6/18/06, 1:35 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Mixed up Mom

This is a non-binding answer based on the limited facts in your question. With no will, your father's 4 children became owners of a 25% interest each, of all of the property that your father owned at the time of his death, subject to the usufruct (use and enjoyment) reserved to his wife over that property that is community. If he had a VALID will, and cut the children out, then you may have no interest, depending on age and mental capacity of each child. If your dad had an interest in property that would be passed to his heirs, no one individual can change the ownership without a court order, or unanimous agreement of all parties. Again, this answer is based on the facts you revealed. You should contact an attorney for more precise advice based on more precise facts. That advice should not cost you anything.

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Answered on 6/19/06, 8:14 am


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