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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My Mother signed over her property to my brother and s wife

Customer Question

My Mother signed over her property to my brother and his wife in Louisiana for a monetary value, since that time my brother and his wife have divorced and my Mother has passed. I bought my brother out but one of his three children have decided that they will not sign over their third of his mothers half since this property was not settled in my brother and his wife's divorce. His ex-wife has since passed and I have succession papers signed by two of the three siblings. What exactly does my one nephew own and what recourse do I have.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Leland,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As the ownership of the property was not determined in the divorce, that legally meant that both your brother and his ex owned 50% each of the property at the death of his ex.

If the ex had a will, the property would have passed by will, and if nor it would have passed by intestate succession 1/3 of her share to each of her 3 children. It appears that the one-sixth of the property is presently owned by your nephew.

You may buy his share out from him, or if he will not sell, you have the option of suing him in court for Partition and ask the court to force the sale of the property in the even that it is not capable of being subdivided---which invariably single family homes are not.

Alternatively, you can go forward with your nephew as a 1/6 owner of the property and seek an arrangement where you share the rental profits as well as the cost of maintenance and taxes/insurance going forward.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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