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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118658
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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In Nov. 1999 I was in an accident with my jaw broken and I

Customer Question

Hello, in Nov. 1999 I was in an accident with my jaw broken and I had already suffered a chronic traumatic head injury from a previous accident in 1987. My father died Oct. 1999. Under distress of my condition my sister and daughter took me to an attorney to donate my share property that was in my fathers name at the time. The Act of Donation was filed. The completion on the transfer or separation of property from my fathers estate was completed on September 23, 2014. I also, have been paying the taxes on my share property since 1999. One year ago I wanted to sell my property and I was told it was donated to my daughter. I want to revoke this Act of Donation, based on that 1st, at the time of the donation the property was not in my name, it was in my fathers name. 2nd, I was not in the right mind to be forced to donate my inheritance to my daughter or sisters who coached me to do so. I would like to know what forms I need to send to the State of Louisiana Parish of Acadia to remove this Act of Donation. Or what is the process to file under the law.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Louisianna
JA: Has any paperwork been filed?
Customer: not on the revoke of donation
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel my sister who was the representative of my fathers estate has falsely informed me regarding my property and should have taken care of this with the attorney's she hired to do the succession. Why was this null and voided then.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month 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.

Expert:  Law Educator, Esq. replied 1 month ago.

Under LA law, an act of donation is irrevocable unless you can prove you were mentally incompetent at the time you entered into it, which is what it sounds like you are saying. If that is the case, you cannot file on your own, it requires you to obtain a local attorney to represent you in your parish and file suit in court to revoke the act of donation, since you 1) were not mentally competent at the time of the donation, 2) you did not own the property you donated at the time of the donation and 3) your daughter misrepresented the situation and knew your brain injury prevented you from properly making a decision. Each of those reasons is a legal reason to seek to revoke the donation, but it is required you use a local attorney to file for this type of claim in LA.

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