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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118682
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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This question is LOUISIANA ESTATE ATTORNEY. It is specific

Customer Question

This question is for a LOUISIANA ESTATE ATTORNEY. It is specific to Nepoleanic Law practiced ONLY IN LOUISIANA. Please DO NOT have someone from Florida or California respond.
My mother and two siblings and I are in a legal battle with my two nephews over trying to sell our mother's home after she moved about 25 miles away to be closer to my brother and sister so they could more readily look after her in her golden age of 84. She is more frail than in previous years of course. Mom has usufruct rights of the house, and ownership of 50% of it after my father passed away without a will. Five years after my father passed away, my brother passed away, leaving his two sons with his naked ownership portion of the house. Immediately after moving Mom out, we wanted to sell the house. We got a Realtor involved, had all the necessary documentation put together. Everyone except the two nephews agreed to sign papers to sell the house. that was 16 months ago. We tried every way to work with them, to no avail. They absolutely REFUSE. We finally realized that we will have to go to court and get permission from a judge to sell. This procedure is in motion with an upcoming hearing. All this time Mom has had to upkeep the house, keep yard cut, bushes trimmed, utilities to keep the house conditioned (heating/cooling). They have grabbed at different "straws" for exceptions through their lawyer; the latest one is "she has abandoned" the house, and therefore surrendered her usufuctuary rights. My thought is that someone in their position would have to convince a judge with some VALID reason to not allow this house to be sold; which they cannot do because there isn't one. Please Advise
Submitted: 1 year ago.
Category: Real 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.

I am a Louisiana attorney, but I AM NOT YOUR ATTORNEY and cannot represent you on any legal matters

She is still a 50% owner in her own right, even though she had usufruct over the other shares controlled by the nephews naked ownership. Under the LA Civil Code on usufruct, the usufruct can be terminated when the usufructuray no longer lives in the property. That is the law in LA. IF they will not allow a sale as they are joint owners with your mom, court is the only option to force the sale.

Actually, they cannot really stop the court from ordering a sale unless your nephews want to buy out your mom's shares. So if they do not want to buy out your mom, then the court has no real choice other than to order the sale and the nephews cannot justifiably stop that.