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Comments

[Kathryn Talbot]

Mr. Rabalais, I am hoping you can shed some light on a situation I have come across in my law practice. I complete about 150 title examinations per month for an out of state title company. On rare occassion I will come across an abstract where the only document recorded in the conveyance office will be a simple Affidavit of Death and Heirship for a decedent/property owner and then a subsequently filed act of donation or sale from the heirs named in the ADH. Most of these situation have occured 50 or more years ago and acquisitive prescription solves the problem. But recently I have come across 2 abstracts in one week where ADH and subsequent donations are filed in the conveyance office within the last 2 or 3 years. These ADH do not even come close to meeting the new small succession affidavit law that was recently passed. An older attorney told me that this was a common practice in some of the more rural parishes a long time ago.

Have you seen this practice and what are the ramifications. I generally reject clear tiltle and advise that a JOP is required.

You thoughts on ths would be greatly appreciated.

[Kathryn Talbot]

Sorry, I just realized that I sent that email to the e-book comment blog.

[David Osborne]

Wife dies and has no will. The husband and wife have two older children. Husband then remarries. Does the husband need to get a signature (or release) from the children in order to refinance a home?

What happens to the home when the husband remarries in general?

[Connie]

Dear Sirs,
My dads succession is about to be opened, and the Stepmother is demanding money for her part in the up keep of the home, before his death and afterwards, she has full use of the home and land, but is now asking us the children of the deceased to pay her for her part of the money she used to do on fixing up the place, while married to our dad. Can she do this, by law? Do we owe her money?and why should we pay her monies when she has been willed full use of the property?

[Sue Ellen Lagneaux]

I read your article on "Usufruct". I'm concerned because a friend of mine legally donated real estate property and a house to her ex-husband but retained usufruct until her death. Just wondering, can her ex sell the property if he decides to or does he need her permission?
Sue L.

[Cathy]

The articles posted here are very enlightening and I am glad to find this page.

My father (who is elderly) has recently sold the house that he and my mother lived in since 1974. Mother died and "willed" ALL of her interest in the house and ALL of her possessions to Dad. We (3 adult children) were fine with that, we considered it "his" house. Now, he has purchased another house, different city, and will be "living" with a companion. The new house is in his name. How does usufruct, ownership, heirship etc. work in the event that Dad dies before the companion? They are not planning on getting married. What changes, if any, should he consider making to his current will to provide usufruct to his companion while protecting his children's "inheritance?" Thanking you in advance,

[Cheap Sandals]

Thankyou for a very entertaining and enlightening piece. It definitly opened my eyes to allot of things I had not thought of before.

[Christian Louboutins]

I bow to your supreme being!

[Cheap Jordans]

Thankyou for a very entertaining and enlightening piece. It definitly opened my eyes to allot of things I had not thought of before.