08/01/13, 5:05 pm
my childrens dad is dead and his family is suppose to inherit money from property that is being sold that belonged to his deceased mother. however, there is one of his neices that will not sign for the property to be sold, she feels that the amount is not enough. the rest of the family has agreed on the amount and wants to sale the property. does the majority rules apply to this situation?
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United States   |   Louisiana  |  Estate Law
Cost: Free


Donald Hyatt Says:

Sep 06,2013 12:35 PM

It is not as simple under Louisiana succession law as a majority rule in this instance. If the sucession is already open and there is an independent administrator or executor appointed, then they have the authority to make the sale unless another heir or legatee affirmatively pursues court action to stop and obtains an order to prevent the sale. If the succession is not being administered independently, but rather under the normal rules of administration, the administrator or executor would have to obtain court approval to sell real property. The niece could challenge the sale at that time. While the situation is not one of simple majority rule, a judge is very likely to take into account the majority agreement to sell, particularly if it is supported by testimony from a realtor or appraiser that the contemplated sale is reasonable under prevailing market conditions. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.

Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471

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