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b2oc9pmb

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  1. Well, I have the "Act of Sale" (of my 3 deceased Uncles) in my hand, and was told LA does not have "deeds" by the clerk at the Clerk of Court office. I looked it over completely and there is no language on it stating anything along the lines of the following: "John Smith hereby grants all right, title, and interest in the property described herein to Thomas Smith, Richard Smith, and Harry Smith, as tenants in common" or ". . . as joint tenants" or ". . . as joint tenants with the right of survivorship." However, it does list all 3 of my Uncles names' and there is verbage saying, "hereinafter referred to as "Purchaser", here present and accepting and purchasing for "themselves, their heirs and assigns, and acknowledging due delivery and possesssion thereof, all and singular, the described property, to wit"--then, "to have and to hold the described property unto the said purchasers, their heirs and assigns forever." So, could this possibly be the clauses I am actually looking for, in order to be considered an heir to 1/3 portion of the sale of the property, due to one of my Uncles dying without a will? And, if this wording is not what I'm seeking then, should I consider it to be a document for "tenants in common?" Lastly, again, if in fact we are considered to be 1/3 property heirs, can we have any input pertaining to the initial sale of the house (i.e., all parties involved agreeing on the sale price of the home, etc.)?
  2. I believe I will be reviewing the deed itself, as I was told the document consists of 10 pages.
  3. Pg 1067: sorry for not replying to all of your questions--since all 3 uncles lived in the house at the time of my first uncles death in 1997--we just naturally thought that since they all 3 bought the house together that we had no reason to inquire about heir ship of anything. Honestly, we are all rookies (or not in the know. As you can tell), when it comes to things like this.
  4. Thanks so much again for the info on obtaining a copy of the deed...know knowing where to go, I will be at that office next week - again - thanks again to your expertise...however, can you tell me if by looking over the deed how I will know for sure if the property (house) was in fact a joint tenant venture or a tenant in common venture? I was told on the phone by the clerk that all 3 uncles are named on the document as buyers/owners..so should I look for a clause specifically stating that "ownership goes to surviving brother(s)/uncle(s), upon death"? The LA assessors office has all 3 of my uncles listed currently as owners of the house (on file).
  5. Unfortunately, I don't have a copy of the deed of the house, so I don't know if my Uncles were Joint tenants or tenants in common. I'm not even sure if we'll ever get to see it. Since our last Uncle died recently we are questioning the total ownership of the house, since no one now will be residing there...and because we know the first uncle that died, did so without a will, which leaves 1/3 ownership to his heirs...if, in fact all three were tenants in common only.
  6. Sorry, I don't have the answer on if my Uncles were 'tenants in common' w/right of ownership, or if it's a combination of the two--is there a way that I can find out? And, is there a way we can be sure we're not "out of the loop" (i.e., not notified (by mail?) of the final sale and it's selling price, etc.), when it comes to the final sale of the house, and that we do, in fact, receive the portion of the sale which should rightfully be ours, as heirs? Also, after the sale of the home, what is usually the reasonable amount of time one has to wait before too long to question the sale--maybe NLT w/in 6 months time perhaps?
  7. Also the property is not yet up for sale...the Executor will be the one initiating the sale. That is why I questioned if we have any input as far as the selling price, etc.
  8. All 3 Uncles names are/were on the title/deed of the house in question...sorry I didn't say that earlier.
  9. Pg 1067: thx so much for your expertise at enlightening me. I have no interest in selling the 1/3 share...very long story, hopefully short..2 of my 3 uncles had a will - the first uncle that died in 1997 did not..they all resided together in the house I spoke of..the remaining 2 uncles "assumed" ownership of the house, which, in fact, wasn't rightfully completely all theirs, since there was no will in place by my 1st uncle who died..,justifying that. This is where we stand...my last uncle died a few mos. ago (my 2nd uncle died in 2006), leaving 1/2 the assets (incl. the house) to my cousin, as Executor, and the other 1/2 to my Aunt (my mother's sister)...so therefore, according to LA law, we are supposed to fall into 1/3 ownership of the house, as heirs to my deceased mother (my uncle's sister)which is to be sold before too long. I hope you are getting a picture now..,and thanks for your kind attention to this matter.
  10. I selected the state of LA but don't know why it didn't appear. I really don't understand why it would be hard to determine the 1/3 sale portion of the house..we still should receive a portion of the sale, being heirs, no matter how it is arrived at, correct?
  11. I had 3 Uncles who all lived together--all of who now are deceased. As heirs to one of my Uncle's (my deceased Mother's brother), who died without a will, would we have any "say so" on the sale of the 1/3% ownership of the house he left behind, as far as what it should sell for, what real estate agent will sell the house, etc.? And, shouldn't we all, (as heirs), agree on the final selling price of the house, even though we only have 1/3% interest in the house? (The other 2/3% of the whole estate was left, BY WILL, to a cousin, (as Executor), and an Aunt). Since my mother is deceased, would a succession necessarily be needed as inheritors, (as her children), of my Uncle's estate? My Mother really had nothing of value...however, as heirs to our Mother, would we all, (6 of us), still receive a share of the % of the sale of my late Uncle's home,(even though our Mother is now deceased)? Color us totally confused. Any feedback would be greatly appreciated.
  12. I understand why I was questioned about my inquiry---I left alot of information un-said. The reason we want to "contest" the will is because (long story, short)....the whole estate wasn't divided correctly, legally, as far as 17 yrs. ago, when one of my uncle's died. There was no will in place at that time, and we're trying to "re-capture" what is rightfully our share, as heirs. I know alot of time has passed, and we're not sure how things fell through the cracks for this long, other than we dropped the ball--but, we want to go back and try to, (and, I repeat), re-capture what should have been rightfully ours from the start. Because my other uncle then lived beforehand with my deceased uncle, he felt he was "entitled" to everything (my deceased uncle's savings, home, stocks, etc.), when he died, even though there was no will. That is the reason that we now want to proceed with fighting the ones named in the will of my now last deceased uncle, becasue all assets they are receiving aren't all rightfully theirs. The ones named in the will are currently in the process of selling the house, vehicles, and we're not sure whatever else of monetary value. We are in the beginning stage of getting the ball rolling legally, of what may be a long road ahead, but we are willing to bear it. Again, we reside in Louisiana. I hope I am understood a bit more this time. Any feedback on my dilemma will be highly appreciated.
  13. Can an estate be "challenged" even though a will is established, where said inheritor inherits all property (vehicles, home, monetary assets, etc.)? In other words, can an estate be challenged whereas a "freeze" can be put on the inheritor, as far as halting a sale on inherited vehicles, home, etc., even though a planned upcoming dissolution of estate will occur? Approx. how long does a "simple" succession take, if the person died back in 2008? Is there such an answer to this? What pertinent information will be needed to conduct a succession? This person had no will when deceased, and has only a possible inheritance due to heirship, which is in a preliminary status at this time. Sorry if this inquiry is so vague, I'm putting down words as best as I can, in my own way.
  14. Platinum/Diamond Contributor: THX for all of the insight you provided to my dilemma. I reside in Louisiana, first of all. And, I have come up with even more questions now. At what stage does the "executor" named in the Will get appointed by the court? Is there a way I can find out if there was "trust" established by my first deceased Uncle from 17 yrs. ago (I had 3 uncles, all of which are deceased now)? The first uncle, who died in 1997, had earned the "lion's share" of the estate (monetarily) in the family. However, his assets did not "trickle down" I don't believe rightfully legally, unless there was a trust--which I don't know about from so long ago. In the meantime, the executor of the will of my last deceased uncle (who died in Feb, 2014), has taken it upon himself to start selling things inherited by my uncle's estate: the cars, home, etc. I'm guessing he has been cleared by the court's to searve in this capacity. At this time, can you tell me if there is a way I can put a "freeze" or take any action whatsoever on his continuing to gain from these assets, while I'm in the stage/process of seeking legal assistance in disputing the total succession of the estate left behind by all three of my deceased uncles? I should mention that my last deceased uncle was one that kept mega-money lying around the house, instead of placing it in a bank for safe-keeping, and I'm more than sure that all of that cash has since been "scooped up" by the executor by now--of course, there is no way to prove it--but can you tell me if my statement on this holds any bearing when I consult my attorney? Again, your expertise is always well taken, and I am totally appreciative that you can take the kind attention out of your day to address my concerns. THANK YOU, in advance ((*_*))
  15. Sorry for not being so clear on my inquiry. Since I'm a true rookie in this field, I'm aiming questions out of left field. I did not know that when an "executor" is assigned in a will, that it's up to the court for that person to serve under that title. I'm also not quite sure if I can be more clear on my with-holding information part.. There is a whole of suspicion in the family going on in trying to find out if my brothers and sisters, and I, are not being "cut out," of an estate, which is making me ask these questions. It all stems from my uncles, all passed away now, who all lived together under the same roof. One uncle passed away in 1997 and the other in 2001. At the time of both of their deaths, there was no will written up by either one, therefore, my last uncle (who just recently passed away), assumed, that since they all lived together, that all of their assets belonged to him. However, my mother should have been included in the sharing of the estate, which she was not (as their sister). Everything just fell between the cracks back then, which is the reason why I asked about the statute of limitations. It may all be water under the bridge now, to find out about what should have gone to my mother (who is now deceased) back then, but I'm willing to put up a fight now to find out, since now that my last uncle has died, and his estate is now falling in the hands of two other family individuals, who should be sharing a portion of the wealth. Any thoughts that you may have on this matter (tho' still sounding somewhat unclear--I hope not) would help me considerably. I appreciate your kind attention...thank you, in advance.
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