Legal Question in Wills and Trusts in Louisiana

My brother died several years ago. Then his only child committed suicide. His mobile home was about to be repossessed for non-payment so my sister paid it off, mainly so that I would stop traveling with my job and move back home. I have lived in it since 2018. The utilities are in my name, I cover the home with insurance, I keep up the yard, have put a new roof on it and new flooring throughout, paid thousands for a new septic system...in other words, it is my home. I also should mention that it sits on land that all six of us siblings were left when my father passed away. In 2021, my sweet sister and her husband died unexpectedly. I continued to live in the mobile home...there was no earthly reason to believe that I shouldn't. Fast forward to a few weeks ago (April 2025) when I was served with an eviction notice by my niece. She has decided that since my sister paid the mobile home off, that it now belongs to her. She has listed it on her parents' succession as property owned by her parents when they passed away. Note that the title to the mobile home is still in the name of my deceased brother. I verified this with the OMV and made sure there were no liens or anything on it. We went before a mediator who said she couldn't make a decision on this eviction case and said we would have to go before a judge if my niece wants to pursue this eviction. I'm pretty sure she's about to take me to court. What do I need to do? How do I have my house removed from that succession? My sister did not own this mobile home and since she died without a will (or at least my niece says she didn't have a will), there is nothing saying that my niece was to take ownership of the mobile home upon my sister's death! Please point me in the right direction. I can't afford an attorney to fight this out in court!

Asked on 5/03/25, 10:11 pm

James Maguire James G. Maguire, Attorney At Law

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Lots of legal issues here that you will need an attorney to resolve, but if your sister tries to evict you, tell the judge to look at this case:

Matthews vs. Harrell, 977 So.2d 62. It says that one co-owner (your sister) cannot evict another co-owner (you).

Answered on 5/04/25, 10:31 am

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