Legal Question in Real Estate Law in Louisiana

I have POA over my mother. My mother has usufruct of a rental property, which is community property (from my deceased father). No one is taking care of the rental property, and has been vacant and unkept for some time now. My mother is willing to sign an Act of Donation for that property and donate it to me (her daughter). We live in Louisiana, is that legally okay for her to sign an Act of Donation and donate it to me?

Asked on 7/30/23, 3:42 pm

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

She can sign an act of donation to you if she can sign herself. You can't use the POA. That would be self dealing.

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Answered on 7/30/23, 4:55 pm
Charlton Ogden Taggart Morton, LLC

If you have siblings that are also owners of undivided interests in your father's estate, with your mother having been granted the usufruct, they will have to join in the act of donation.

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Answered on 7/31/23, 8:51 am

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