Legal Question in Real Estate Law in Louisiana

Donation or Dationn en Paiement?

My father died intestate with a commercial building and land being within his estate. My father was 1/4 owner as well as my mother and another couple who together has 1/2 ownership. There is a large tax bill due which the bill is more than the value of the building at this time. The couple is willing to sign over to me their 1/2 ownership of all. The lawyer I consulted chose to do a dation en paiement and not a donation. Why would a dation be more proper than a donation? What legal form would be more suitable for my case? Thanks.


Asked on 1/30/06, 7:18 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Donation or Dationn en Paiement?

I can only guess at his motivation, but it appears that they were donating the property to you in payment for something owed. They are trying to protect themselves from liability for the taxes by donating their portion to you in exchange for you accepting the full tax bill.

Read more
Answered on 1/31/06, 8:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Louisiana