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Louisiana brother got attny to open succession of mother's house. Mother deceased. Notified on 1/18/13 I have 15 days to vacate

Lafayette, LA |

Brother, and 2 sisters. My sister died and left three adult children are they included as legal heirs to my mother's estate. My sister died before my mother. I've lived in my mother's house all of my life. Can I get my money back from the insurance I paid on the house and also the taxes on the estate. I've paid taxes since 2011 and I've paid the taxes for 2012 also. Brother added cost of succession to debt to estate. I did not agree to pay for succession. Appraisal is "restricted use" appraisal for "Susie Brown"my brother's wife and it also has the incorrect address on it. Can brother use this appraisal in court?

Attorney Answers 2


  1. If you are one of the heirs then you're now a co-owner of the home and cannot be forced to leave. However any other co-owner can force the sale of the property in which case you would get your share of the proceeds, but would be forced to leave. Depending on when you paid the taxes or insurance you can be reimbursed, you'd be fully reimbursed before the succession was completed from the estate, you'd be reimbursed by the other co-owners for their share of the ownership costs after the succession is completed. The cost of the succession is a debt of the estate and can be paid by the estate. I can't comment of whether your brother can use that appraisal in court because I don't have enough information about that. Generally all property is restricted to specific uses depending on what kind of property it is and the incorrect address may not be a problem if the legal description is correct.

    Legal disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Louisiana. Responses are based solely on Louisiana law unless stated otherwise


  2. You do not state whether your mother was married at her death or whether she died with or without a will. If she died with a Will, then look to the Will to see who receives the property and in what capacity. Forced heirship rights, if any, could change this. If she died intestate i.e. without a Will, then you will be a co-owner of the property. Also, if she died intestate then your neices and nephews will inherit by representation from your predeceased sister.

    Has your brother been appointed as administrator of the Succession by the Court? You may want to check this out as the administrator has substantial control over the proceedings. Hope this helps.

    I have not been retained as your lawyer and no attorney/client relationship is established by this communication. This comment does not constitute legal advice and should not be relied upon. You should contact a licensed attorney in the state having jurisdiction of this matter. I am licensed in the State of Louisiana. These responses should be considered general information without the benefit of important and complete facts which if known could substantially change the response given.

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