how will inherited land be divided up

[nancy8829]

What is the name of your state? Louisiana
My children want to have their land they inherited surveyed in order to build a house. My husband father died with out a will here in Louisiana. They did a succession on him giving his three children equal ownership in 20 acres of land. His mother is still alive and I thought Louisiana being a community property state that she would get one third and their 3 children would split up the remaining 2/3's. My hushband passed away not long ago and had no will also. My house is located on the 20 acre plot of land which has never been surveyed. My daughter wishes to build a house on her fathers part of the land. Is the succession legal or not. If not what should be done? We want the house to be located next to mine but seeing that we don't have a survey of it, what would be the best way to go with this situation?

 

[xylene]

what would be the best way to go with this situation?

Get a survey done.

Have the heirs consult with a lawyer concerning the disposition of your husbands late fathers estate.

This is not something you can just assume about.

 

[colourfastt]

What is the name of your state? Louisiana
My children want to have their land they inherited surveyed in order to build a house. My husband father died with out a will here in Louisiana. They did a succession on him giving his three children equal ownership in 20 acres of land. His mother is still alive and I thought Louisiana being a community property state that she would get one third and their 3 children would split up the remaining 2/3's. My hushband passed away not long ago and had no will also. My house is located on the 20 acre plot of land which has never been surveyed. My daughter wishes to build a house on her fathers part of the land. Is the succession legal or not. If not what should be done? We want the house to be located next to mine but seeing that we don't have a survey of it, what would be the best way to go with this situation?

Louisiana being a civil law not a common law state makes things quite different that what one would expect. Probably the most important aspect of the differences to you will be the fact that Louisiana does not have "right of suvivorship."

Let's take this one piece at a time.

1) Your husband's father died without a will. Ok .. that means that his surviving spouse has her 50% ownership of the community property. But, unlike common law states the remainder does not pass to the spouse, it passes to the surviving children in cases where the decedent dies intestate. So now the children own the immovable property in indivision with the surviving spouse AND the surviving spouse also has a usufruct on the property until death or remarriage. (A usufruct is a usage of property. Louisiana has 3 rights of ownership of real estate, any of which can be sold or leased. 1) Usus: the right to use; 2) Fructus: the right to receive things (rent, etc) from the property; and 3) Abusus: the right to encumber, etc.)

2) Since your husband died with out a will (intestate) his interest in his inheirited, separate property doesn't pass to you, it passes to your children.

3) You state that your daughter wants to build on your husband's portion of the land he inheirited. It's possible, but you need a good real estate attorney or a notary experienced in land transactions to accomplish this. As I see it, she wants to build on land that is owned by her (and any other siblings there may be; if there any others, then all the children divide the father's 1/3 portion in to the appropriate number), also again there is the above mentioned usufruct that gives your daughter's grandmother first and exclusive use of the property.

 

[nextwife]

Exactly how is the property TITLED? Has FIL's probate been completed?

Any proper land division on whatever is determined to be daughter's share should be based upon a survey, municipal lot division requirements and any applicable municipal and recorded setbacks and lot size requirements. And take into consideration all easements and ROWs and where they would cross if divided as intended. You don't want to carve out a piece that has a utility easement or ROW running through the midddle of the lot, because you may have problems placing the house.

I strongly recommend a current title report be provided to the surveyor who will draw the proposed CSM or subdivision plat. so he has the proper legal description of the land the parcel is being cut from and has all recorded matters that affect the proposed division.