Donated Property

[hns]

What is the name of your state? Louisiana

My father-in-law passed away March 2004 and he didn't have a will and my mother-in-law feels as if there is no need to do an Succession, is that true? My husband was my father-in-laws only child but my husband's mother had 3 other children from a previous marriage...
My mother-in-law had land donated to her by her father years ago; however, my in-laws together built a house on the donated land...They also had refinanced the land and house together twice in the past, does that make the land and house comunity property or does the land still belong to my mother-in-law only.
My mother-in-law wants to move from the house and says that my husband (the only child) has no rights to the house at all because the land was donated to her only not her and his father...What are our rights to the house?

 

[seniorjudge]

What is the name of your state? Louisiana

My father-in-law passed away March 2004 and he didn't have a will and my mother-in-law feels as if there is no need to do an Succession, is that true? My husband was my father-in-laws only child but my husband's mother had 3 other children from a previous marriage...
My mother-in-law had land donated to her by her father years ago; however, my in-laws together built a house on the donated land...They also had refinanced the land and house together twice in the past, does that make the land and house comunity property or does the land still belong to my mother-in-law only.
My mother-in-law wants to move from the house and says that my husband (the only child) has no rights to the house at all because the land was donated to her only not her and his father...What are our rights to the house?

I can't tell you how complicated your many questions are.

And to top it off, they're under LA law which is the only state in the union with Roman law.

If your husband has the slightest interest in finding out what his rights are, then he needs to get a lawyer to represent his interests and find out what is going on.

 

[bikengrl]

la problems

I'm from La. also and have a simular situation. We have french law not roman by the way. It's Napoleonic.
My grandmother donated her 1/2 of her house to me. My mother donated her 1/3 of 1/2. This leaves my aunt and uncle with the remaining 2/3s of a 1/2 once my grand mother passes away. (My grandfather died leaving her use of the house and willing it to their 3 kids mentioned above once she passes.) It was appraised a long time ago for 24,000. Can my uncle, whom hasn't contacted my grandmother in years out of spite, can he make me sell the house to give him his measly 1/12th? I can't afford to buy him out and i live in this house and have for a lot of my life. It's my home. I refuse to move out when she dies. -
Potentially homeless in La.

 

[seniorjudge]

I'm from La. also and have a simular situation. We have french law not roman by the way. It's Napoleonic.

You might want to do a little more research before you make statements like that.

http://www.la-legal.com/history_louisiana_law.htm

"...Our system of law in Louisiana has its origins with a short French emperor. To give Bonaparte the credit he deserves, he was not only a brilliant general, he was a brilliant administrator. To be able to govern an empire, he understood a uniform system of law had to be in place. He therefore took existing law, which was largely based on ancient Roman law, and codified it. That is, he put all the law into writing so it could be understood by everyone...."

(emphasis supplied)