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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10206
Experience:  Civil litigation attorney for individuals and businesses.
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My grandmother passed way my grandfather passed away also he

Customer Question

my grandmother passed way my grandfather passed away also he had 15 aces of land with there home is on it is now in foreclosure my grandmother has 5 children my aunt is excuter for my grandfather 4 of the 5 children wants me to buy the land & house 1 child will sign for me to buy it does the majority of them have to sign are can the excuter have the last word my grandfather last wishes was that I buy the land & house.
Can you give me so advise on this matter we don't want to lost it to the bank.
Thank Hope
Submitted: 5 months ago.
Category: Estate Law
Customer: replied 5 months ago.
The 5 aces is in my grandmothers name and it is with the foreclosure
I son does not want me to buy it so he want sign the paper
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,My condolences for your losses, and I am sorry to learn of this difficulty in making arrangements for the distribution of the property.Unfortunately, if your grandmother passed "intestate" (meaning she died without having a will or a trust), the property will pass through the Louisiana "intestate succession" laws (explained briefly here: executor (your aunt) should have opened a probate case for your grandmother (I am focusing on her estate as she was the owner of the property, your grandfather's estate may also have to be probated depending on the value of the estate - but I am focusing on the real property issue as it appears more pressing with the pending foreclosure).A probate court can order the sale of the real property (including a sale to a family member). But petitioning the court for sale of the property must be done by either a beneficiary (so one of the heirs to the estate under the intestate succession), or by the trustee (usually the better option). The buyer does not generally petition the court.Your aunt can obtain legal counsel to advise and represent her in this action and the estate will be required to reimburse her for these expenses (this may provide some additional incentive for a holdout to cooperate - in addition to getting some return as opposed to no return if the property is foreclosed upon).

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