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Anita deBois

New member
What is the name of your state? Louisiana
My cousin and I sent this letter out to all the heirs of this property 7 families total 28 heirs. The response was 16 yes votes to sell, 1 want's nothing to do with any of it, and the other seven will not respond to any correspondents. My family is the only one to have a succession done, none of the other families have a will or have completed a succession from the deceased parent.

What can I do besides filling a petition in the court to sell the property?

Greetings to All:

Anita Xxxxx and I have been researching this property for a few months. The property has a long history dating back to 1927. Grandpa was apparently a very active Real Estate investor. Originally 52 acres that was sold and reacquired during the 1930, 40, 50, 60’s. We don’t have all of the transactional history. My Dad and Mom have been paying the taxes since the Succession of JosXx xxxxxxx , Widow of/and PXXX of 1978. I have a copy of another succession of 1984 with amendments to the original. Properties list is different. The taxes are minimal, approximately $18/year. Mom, Aunt MXXXX has been asking me to get it sorted out and to sell it since my Dad passed away almost 5 years ago. Anita called and got the ball rolling! The longer we wait the list of heirs will increase and be more difficult to locate.


There is a neighbor with an adjoining property who is interested in buying the property, CD The size of our property is in question. The assessment says it is 4.3 or 4 1/6 acres. We have surveys that show 4.3 and 2.73 acres.


On a quick search, land in that area seems to sell for about $20,000/acre.

I spoke to a real estate attorney at a title company. He said the title on the 2.73 acres has a defect. So a title search will be required in order to sell and to find the 4.3 acres if it exists. He also advised that each of the 7 inheritors’ families will have to do a succession to have ownership authority passed to us the children to have authority to sell. Uncle T‘s family did that already. For those of us who have not the cost will likely run $2,000/ family. If all of us agree to sell, the title search will run about $500. Don’t know the cost of a survey, that would be the next expense.

Obviously, this will require a monetary investment to pay for these services. Before making the investment, we would like to make sure that all the heirs are in agreement to sell it (28 people). If anyone holds out, we can’t sell it. If that happens, we would either keep it continuing to pay the taxes or stop paying the taxes and let it go to tax auction.



Please let me know your position on selling the property (yes or no)? Also, pass this on to any of your siblings, which I may have left off the group send. Comments and suggestions are welcome!



Thanks
 


quincy

Senior Member
What is the name of your state? Louisiana
My cousin and I sent this letter out to all the heirs of this property 7 families total 28 heirs. The response was 16 yes votes to sell, 1 want's nothing to do with any of it, and the other seven will not respond to any correspondents. My family is the only one to have a succession done, none of the other families have a will or have completed a succession from the deceased parent.

What can I do besides filling a petition in the court to sell the property?

Greetings to All:

Anita Xxxxx and I have been researching this property for a few months. The property has a long history dating back to 1927. Grandpa was apparently a very active Real Estate investor. Originally 52 acres that was sold and reacquired during the 1930, 40, 50, 60’s. We don’t have all of the transactional history. My Dad and Mom have been paying the taxes since the Succession of JosXx xxxxxxx , Widow of/and PXXX of 1978. I have a copy of another succession of 1984 with amendments to the original. Properties list is different. The taxes are minimal, approximately $18/year. Mom, Aunt MXXXX has been asking me to get it sorted out and to sell it since my Dad passed away almost 5 years ago. Anita called and got the ball rolling! The longer we wait the list of heirs will increase and be more difficult to locate.


There is a neighbor with an adjoining property who is interested in buying the property, CD The size of our property is in question. The assessment says it is 4.3 or 4 1/6 acres. We have surveys that show 4.3 and 2.73 acres.


On a quick search, land in that area seems to sell for about $20,000/acre.

I spoke to a real estate attorney at a title company. He said the title on the 2.73 acres has a defect. So a title search will be required in order to sell and to find the 4.3 acres if it exists. He also advised that each of the 7 inheritors’ families will have to do a succession to have ownership authority passed to us the children to have authority to sell. Uncle T‘s family did that already. For those of us who have not the cost will likely run $2,000/ family. If all of us agree to sell, the title search will run about $500. Don’t know the cost of a survey, that would be the next expense.

Obviously, this will require a monetary investment to pay for these services. Before making the investment, we would like to make sure that all the heirs are in agreement to sell it (28 people). If anyone holds out, we can’t sell it. If that happens, we would either keep it continuing to pay the taxes or stop paying the taxes and let it go to tax auction.



Please let me know your position on selling the property (yes or no)? Also, pass this on to any of your siblings, which I may have left off the group send. Comments and suggestions are welcome!



Thanks
All heirs do not have to be in agreement. Each co-owner has the right to partition the property. Each of the co-owners can liquidate their interest in the property by having the other owners buy their share or by receiving their share through a sheriff’s sale of the property.

Here is a link to (what I believe is) the applicable law:
https://law.justia.com/codes/louisiana/2019/revised-statutes/title-9/rs-1113/
 

zddoodah

Active Member
What can I do besides filling a petition in the court to sell the property?
I'm confident that you can do lots of things. If you're the executor of an estate, you should retain the services of an attorney to assist you -- especially if the estate includes real property that is potentially passing to over two dozen heirs? That's a disaster waiting to happen.
 

LdiJ

Senior Member
I'm confident that you can do lots of things. If you're the executor of an estate, you should retain the services of an attorney to assist you -- especially if the estate includes real property that is potentially passing to over two dozen heirs? That's a disaster waiting to happen.
I think that part of the problem is the value of the land. The OP mentioned 20k an acre as being the potential value. If the land is 4.3 acres that is a total value of 86k divided between 28 heirs or only $3071 per heir. With the cost per family of 2k for the "succession" plus other expenses to sell the land there is very little incentive for anyone to pony up the 2k plus expenses. Adding attorney fees on top of that just makes it worse.
 

quincy

Senior Member
It seems smartest to just sell the property and divide up the sale proceeds equally amongst the heirs.
 

zddoodah

Active Member
I think that part of the problem is the value of the land. The OP mentioned 20k an acre as being the potential value. If the land is 4.3 acres that is a total value of 86k divided between 28 heirs or only $3071 per heir. With the cost per family of 2k for the "succession" plus other expenses to sell the land there is very little incentive for anyone to pony up the 2k plus expenses. Adding attorney fees on top of that just makes it worse.
All of which illustrates the imprudence (the nicest word I can think of in this case) of leaving property to that many people.
 

quincy

Senior Member
I can’t think of any situation where you are likely to get 28 people to agree on anything, including what to have on pizza. :)
 

quincy

Senior Member
And maybe not even then!
Just in my immediate family (which is not 28 people, although it sometimes seems that way :)), we wind up having to order several pizzas or half-and-half pizzas to make everyone happy.
 

LdiJ

Senior Member
Just in my immediate family (which is not 28 people, although it sometimes seems that way :)), we wind up having to order several pizzas or half-and-half pizzas to make everyone happy.
We have the same problem. Which makes ordering pizza actually quite expensive rather than a cheap take out/delivery meal. The last time that we ordered pizza that made everybody happy it was over $60.00.
 

Anita deBois

New member
Of course their are 16 heirs interested in their inheritance, 11 no response, 1 want's nothing to do with it. What would be the average court cost to to partition the property and sell it?
 

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