Legal Question in Wills and Trusts in Louisiana

My father died intestate and left behind 2 children, my brother and myself, and our step mother. My step mother lost her usufruct over the estate over a year ago when she remarried. She has yet to settle the estate and seems to be dragging it out as long as possible. She has retained all of the assets (my father had under 20k in debts and over 200k in assets). She and her new husband are living in my fathers home who my brother and I have half interest in. We want to take a buy out for value and allow her to retain property how do we force her to settle without forcing sell of all items thru probate court? Do we have any options?

Asked on 11/14/13, 11:40 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

You and your brother could buy out your mother's interest in the house and other assets, or vice versa.

As co-owners, you and your brother could force a sale of the home through a process called partition by licitation.

Either way, you would have to open your father's succession to have his interest in the house transferred to you and your brother. Any of the three of you could do this.

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Answered on 11/14/13, 11:54 am

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