My father and I both inherited equal shares in property that was left to us by my grandparents, The property has a mobile park

Asked 10 months ago - Lafayette, LA

on this land, My father had me sign over my part of this land to him in a contract agreement that he pays me a set amount of money each month and he is to maintain all maintenance of the park, He has not kept up with this agreement pertaining to the maintenance of the park and has stated that when he passes away that the property that we both originally inherited with the mobile park will be giving to my younger half brother and that everything will go to him that he has inherited also from my grand parents, Can he do this since the property was inherited, He has 2 children from his first marriage and 1 child from his second marriage, Can he really leave everything that was inherited to the son of the second marriage and leave nothing to his first 2 children of his first marriage?

Attorney answers (4)

  1. Lauren G. Coleman

    Contributor Level 15

    2

    Lawyers agree

    Answered . Yes. With a few exceptions he can leave all property he owns to whomever he chooses. It matters not how he acquired the property. If he has not complied with the terms of the contract you could file suit to void the contract and get the property back if that was part of the same contract.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your... more
  2. Eric M Schorr

    Contributor Level 4

    2

    Lawyers agree

    Answered . Your questions has several issues. First, when you "signed over" your interest in the property in exchange for a monthly payment and maintenance, did you retain a security interest in the property, e.g., a mortgage. If so, you may be able to exercise your rights and reacquire the property. You should have a real estate attorney review the contract. Second, are you a forced heir of your father. If so, he cannot totally disinherit you without cause as defined under Louisiana law. There are a few other exceptions that would preclude your father from disinheriting you or depriving you of the property, but without more details, those would not be worth delving into.

  3. Celia R Reed

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If he has a will with those instructions, it will be honored. The unasked question is whether you have any claim to the land as your father has not honored your agreement. I would consult with a real estate attorney on that issue. It may provide you with some leverage.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  4. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with Attorney Reed that this is one possible outcome. Your agreement may or may not enter into things. Since your father has apparently breached the contract, you would appear to have some recourse against him. Practically, however, it is a difficult thing to contemplate any kind of legal action against a parent. You are in a tough spot. It sounds like you either sue your father to get what was promised you or you wait to try to sue his estate. There may be statute of limitations issues, among other things. You are also in LA, which has "unique" laws. You may have rights under LA probate laws that your father cannot overcome. I seem to recall a "forced share" provision that may apply. If you are serious about protecting your rights, you should consider consulting with an attorney who can review your agreement and any other pertinent facts.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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