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-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.Ask a similar question
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!Ask a similar question
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 case. The answer given is only intended to provide general guidance regarding rights and responsibilities.Ask a similar question
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.Ask a similar question