Legal Question in Real Estate Law in Louisiana

Claiming ownership of inherited property.

My siblings and me have inherited several pieces of property located in St. Martinville and Lafayette, Louisiana. This property was left to us jointly by my father who had inherited it. Presently we don't have a title to this proerty and need to know how to gain title/ownership of the property. One parcel is 72 acres in irregular Section 77-10S-6E St. Martin Parish, La. What is the process to gain information and legal title to this property? What documents, information, or papers do we need. Do we need to retain a Lawyer? Do we need to travel to Louisiana to start the process? What are our heirs rights. Could this property be claimed by others if we don't react and take possession? If this property has been claimed by others, what is our course of action?


Asked on 11/22/04, 3:29 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Claiming ownership of inherited property.

You should contact an attorney who can work with you on this. I will assume that since your father 'inherited' the property, that someone's succession was opened and he was awarded an interest in the property. If no succession has been opened for your father, that should be done where he died, or where he owned property. It is through a "Judgment of Possession" that heirs in Louisiana become 'owners' to immoveable property.

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Answered on 11/22/04, 3:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Claiming ownership of inherited property.

The inherited property is in Louisiana and you (and perhaps your siblings) are in California. What you didn't mention is (1) whether there is a will or a trust; (2) if there was a will, under what state's law was it executed and witnessed (or where was it executed and witnessed); (3) is or was there a probate proceeding in any state; (4) where did your father die, and when; and (5) did he have property in any other state.

The answers to these questions may bear upon where (and whether) legal proceedings are necessary. My guess is Louisiana only, but possibly in some other state with an ancillary proceeding in Louisiana.

In any event, some sort of proceeding in Louisiana will be necessary, and for that you'll need a Louisiana attorney, preferably one who practices in Lafayette and/or St. Martin Parish.

Louisiana law is rather different from that of the other 49 states, being the only legal system based upon Civil Law (like continental Europe) rather than English Common Law.

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Answered on 11/22/04, 4:28 pm


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