QUESTION

If I had inherited a property that I was renting from my mother, do I have co-owner rights if the property is still in succession?

Asked on Jan 05th, 2017 on Estate Planning - Louisiana
More details to this question:
I had inherited a property that I was renting from my mother. It is a two unit property that was purchased by my mother (sole owner) for I to live in one unit, (moved down April 2015) and she was to occupy the other. Eventually, she died October 2015 after she went in August 2015 for heart surgery with major fatal complications. That being said, she had left the property per her will, at her death be distributed in equal shares to me and my sister. My "sister" is the executor, wants to sell the house and has gotten me evicted for claimed lease violations. My question is does not the fact my mother granted me the ownership in the property at her death, that null and voids my lease as a renter? And although I have heard that I am technically not an owner yet because title has not transferred but is being sold instead, and the only rights I have in the house is to get half when it sells. Do I not have more rights than that? Does the fact that the will clearly states the property is to be distributed granting me ownership, and not just an interest? I am dealing with an extremely spiteful, vindictive, difficult person my sister. Her attorney is even worse, he has submitted full on perjured statements to the courts (I have a vast amount of documentation proving his statements are outright lies) they have denied me information I, (and even my attorney at the time), had been asking for nine months and the information on the estate and the home itself to enable to see if I could buy her out. It took nine month and a court order for me to receive the appraisal, and the mortgage/insurance information on the property. Despite my love for this house (it is a great place, but even more importantly the sentimental of this house).
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1 ANSWER

Estate Planning Attorney serving Baton Rouge, LA at The Stutes Law Group LLC
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In this case, a lot depends on the wording of the will. If your mother granted the executor the right to sell the property, your sister would have the right to sell the property and put the proceeds into the succession. If it merely says that you each inherit a one-half undivided interest in the property, then she cannot sell it without your involvement. I'm sorry that you're having such a difficult time. Unfortunately, often a family member can make things difficult for others.
Answered on Mar 07th, 2017 at 4:46 AM

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