question for the lawyers on this board. | Page 2 | TigerDroppings.com

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Mung
LSU Fan
El-lick
Member since Aug 2007
5450 posts

re: question for the lawyers on this board.


If the land is in Evangeline parish, it would depend on whether it is community or separate. If community, dad's half goes to his heirs with wife having usufruct. If separate, goes straight to heirs. Not sure what you mean by singing over to him. It mattters not who paid the taxes, she would just be able to sue you to get them back, if she didn't own the porperty.





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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
13494 posts

re: question for the lawyers on this board.


Are you in Louisiana? And your story is all fricky. He "signed it over" or no?

Regardless it's pretty much his wife's to do what she wants with.

So you are fricked unless you pay somebody.






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rumproast
LSU Fan
Member since Dec 2003
7605 posts

re: question for the lawyers on this board.


Mung is correct. My understanding was that the property was separate. If community, then stepmom gets half with usufruct over your half. But....Even in that case, she doesnt get your half by paying taxes...






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PPeterson1
LSU Fan
Choklahoma
Member since Jul 2010
1245 posts
 Online 

re: question for the lawyers on this board.


She signed the land over to him after my grandmothers death...her bad. It is now to his 3 heirs.


This post was edited on 2/19 at 10:11 pm


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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
13494 posts

re: question for the lawyers on this board.


Ifthose generally don't know how usufructs work. If it was community she can sell that shite and spend the money on coke and purses.





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rumproast
LSU Fan
Member since Dec 2003
7605 posts

re: question for the lawyers on this board.


She cant sell the portion she doesnt own without the consent of the naked owners. She could seek a partition if she owned half......but usufruct entitles her to use the land and collect the fruits.....but not to dispose of it. (usus and fructus, but not the abusus).





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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
13494 posts

re: question for the lawyers on this board.


Easy 2L, we are talking about the real world. She can sell the land.





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rumproast
LSU Fan
Member since Dec 2003
7605 posts

re: question for the lawyers on this board.


Ppeterson...my suggestion is to consult a succession lawyer in your area. (not my field of specialty, and Im not in your area.). If you have an attorney friend down there, ask him who to contact. If not, get on martindale.com and find somebody who specializes in the field in your area.





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rumproast
LSU Fan
Member since Dec 2003
7605 posts

re: question for the lawyers on this board.


Ha...2l i wish. I left that place long before they installed escalators.... With that being said....i stand by my earlier post.





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charles357
LSU Fan
Shreveport
Member since Feb 2012
613 posts

re: question for the lawyers on this board.


quote:

No...she doesnt get the land by paying taxes. What you are probably thinking of is where somebody buys property at a tax sale....then after 3 or 5 years, the tax purchaser can quiet title if the past due taxes arent redeemed. Only way she could own the land would be if you sold it to her; she bought it at a judicial sale or partition sale, or if she "adversely possessed" it for 10 years (with a title of some sort in her name) or for 30 years without such title. I suspect she would have the right to collect the taxes she paid from the owners.

Of course, you need to make sure of the transfer from her to your father....and you need to make sure there is no usufructuary interest per the succession. But as to your question as to whether paying taxes entitles you to the property....thats a bunch of hooey.

This is not to be construed as legal advice, and i don't represent you....


This was the good answer.






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Mung
LSU Fan
El-lick
Member since Aug 2007
5450 posts

re: question for the lawyers on this board.


quote:

she can sell the land


Huh? Did dad leave a will giving her the right to dispose onf nonconsumables? Not likely. If she "signed over" the land after grandma died, sounds like maybe they were living on her land, which would be Dad's separate inherited property.

Probably every lawyer in VP does successions. Wendel Fuselier could handle it, or Tony Dupre. I've had cases with both and they are straight shooters.






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luggage
Member since Nov 2011
2 posts

re: question for the lawyers on this board.


Let me say that I am not an attorney in Louisiana and this is not legal advice.

My take on the entire situation is that you heard about "adverse possession" from someone who didn't fully understand the law, and their understanding of it was limited to paying taxes and not use. This is an assumption on my part, because you didn't say if your step-mother was using the land or not, but I wanted to make sure you asked an attorney about this as well.

Now, Louisiana has some very different laws in general, but particularly in regard to this aspect. I believe it is called "acquisitive prescription" in Louisiana. Obviously, the statute would differ in terms of years, proof required, etc. from state to state, and area to area, but the general, extremely simplified, idea of it is that if I am using property in public view, and I am acting as if I am an owner (paying taxes, performing general maintenance, etc.), then I can claim ownership after a certain period of time. The burden of proof is on the newly claiming owner, and often, if there is any fight at all from the original owner, the case is thrown out.

Again, my comments are only for you to seek proper legal advice. This may not apply to your situation.






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Mung
LSU Fan
El-lick
Member since Aug 2007
5450 posts

re: question for the lawyers on this board.


One who possesses with permission(renter, co-owner, hunting club), does not adversely possess, and thus can't obtain ownership thru adverse possession.





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DivotBreath
LSU Fan
On the course
Member since Oct 2007
1065 posts

re: question for the lawyers on this board.


Why even ask this question on here? If you were to rely on any answer you get in here it would be about the same as posting a question to doctors saying you are having chest pains and asking what to do without actually going to see a doctor.





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