• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No Will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

saccity

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Wife's Parents died last year and the estate has not been settled. There was No WILL but the two sisters are at odds. One filed for administrator before the other and has sat on her heels. There is a home that has now been vacant for about a year. We just sold our house and moved into the parents home until we can find a new one that we want to buy, could be two months max. The sister who is administrator is telling us we must vacate the property within 5 days. Can she make us get out if my wife is partial owner of the home and nothing has need settled. The home is paid off. What are the rights here? Do we have to leave because she says so?
 


latigo

Senior Member
Yes. Untill the estate is distributed the duly appointed representative of the deceased parents’ estates has the exclusive management and control over the property and the ability to have you two ejected from the property. The same right as the parents would have had to eject a trespasser.

The powers and duties of a “succession representative” as conferred by the probate laws of your state are contained in Louisiana Code of Civil Procedure Article 3191 Chapter 4. Those powers and duties include:

“. . the duty of collecting, preserving, and managing the property of the succession in accordance with law. He shall act at all times as a prudent administrator, and shall be personally responsible for all damages resulting from his failure so to act.”
 

saccity

Junior Member
File protest

What if we file a protest against her as the successor as we were out of state when she named herself the successor?

Plus, she has allowed several other family members keys and they have removed things from the home. Is there a way to drag it out, the vacate premisis
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top