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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113485
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My parents are deceased. Father passed 40 yrs ago. Mother

Customer Question

My parents are deceased. Father passed 40 yrs ago. Mother 15 yrs ago. No will. Property in question is a house on an acre and a half. since no will the said property should be left to heirs is this correct. (6 siblings). At time of dads death. My sister and her husband wanted to purchase said property. Other siblings agreed my sister should pay mother a lump sum. No monies were ever paid to Mother, not even rent. My sister and her family have occupied and paid the taxes for said property for forty years. She now is wanting to pay siblings $500 a piece for rights to house. We are asking for $1500 each and call it even. She thinks its too much. Now she wants to sue for ownership of property.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there was no will, then all 6 descendants would inherit equal shares of the property through father and eventually mother's share. If no money was paid to anyone to buy out their shares, then your sister does not own anything other than her 1/6 share. She has no right to ownership of the property, even if she has been living in it, because she was doing so with the consent and knowledge of the other 5 owners, so she cannot claim adverse possession over the property.
You could indeed not only countersue her for rent, but she also could claim 5/6 of the money she paid in taxes she paid over the years as the other owners of the property are liable to reimburse her for their share of the taxes that were due and paid and most times that ends up evening up what is owed for rent.