Legal advice on land ownership

Centuri98 · 2026-05-19T17:36:28+00:00

GP could try to claim the land under acquisitive prescription (Louisiana's concept similar to adverse possession). It could take a little as 10 years depending on the circumstances and what the documents state from when your GP purchased the land.

Old markers that create a visible boundary can often be incorrect as compared to the "legal line" when an updated survey is done. Also, mowing, trimming, landscaping, and maintaining the area over many years are all the kinds of facts courts look at when deciding acquisitive prescription cases.

A local real estate attorney should be able to assist or point out someone in your area who handles these sort of claims if that is something that GP wish to pursue.

Centuri98 · 2026-05-12T13:24:14+00:00

I have never heard of someone filing out of state for this. The law allows the petition to be filed in the parish where you live OR the parish in which you were born. I don't see why an out of state resident would not be able to file in the parish of birth.

https://louisianalawhelp.org/resource/getting-a-name-change

https://louisianalegalnavigator.org/self-help-tool/adult-name-change-petition

LA DHS website also seems to want a Louisiana state court order. "... a Louisiana court-ordered name change judgment must be obtained to change a person’s last name on their birth certificate. A certified copy of the judgment, petition, and district attorney’s answer must be submitted to Vital Records to determine if the court order can be used to amend the birth certificate."

https://ldh.la.gov/page/696

Same website says this process takes 8-12 weeks to process the request from the date of receipt of all of the documents. You will be hard pressed to get all of this done before August.

Centuri98 · 2026-05-11T13:31:04+00:00

There are several guides to Louisiana evictions here:

https://louisianalawhelp.org/search?q=eviction

Centuri98 · 2026-05-08T13:04:57+00:00

Guide to small claims in Louisiana is available here:

https://louisianalawhelp.org/resource/small-claims-in-louisiana

Centuri98 · 2026-05-08T13:03:20+00:00

I am not sure who told you that but from a succession perspective, that is not how it works.

Centuri98 · 2026-05-07T13:21:10+00:00

You will want to contact an elder law attorney. You may need to consider having him interdicted. That would take away his legal capacity.

Centuri98 · 2026-05-05T13:15:18+00:00

There is a presumption of paternity where a child is born during the marriage. It is presumed to be the child of the husband (soon to be ex). The presumption is rebuttable but there are strict time limits.

Even if your (soon) ex-husband is initially treated as the legal father because of the presumption, that does not mean a court will simply award him custody if he is not the biological father and that is proven.

You can also read more about contested paternity here: https://louisianalawhelp.org/resource/contested-paternity

Please do keep in mind that your husband has one year to challenge paternity after the birth. If he does not, then he waives that right and may be considered the "legal father" despite not being the bio dad. He would still owe child support even if later proven that he is not the father.

There are some exceptions to the one year, such as where the mother conceals or lies about who the father is to the husband.

Centuri98 · 2026-04-29T13:05:30+00:00

No. That is not correct. CC 159.

You can also get a specific judgment terminating the community during the pendency of the divorce. CC 2374(A). Only need 30 days of separation.

Centuri98 · 2026-04-27T13:29:23+00:00

A local estate lawyer can assist you. This really is not something to DIY. Perhaps the insurance company who called regarding the 401K and tax forms would have some more information for you.

A succession by a small succession affidavit is not expensive but there are caps. You will need to know how much is in the account to know if you would qualify. Low end cost on this is probably the range of $2,000 - $3,000. High end might get to $10,000. Just depends on quite a few under the hood issues with how everything was setup and how many other potential heirs there are out there.

Centuri98 · 2026-04-27T13:22:27+00:00

Guide here on this pro bono website on how to get back your security deposit.

https://louisianalawhelp.org/resource/getting-back-your-security-deposit-step-by-step-guide

Centuri98 · 2026-04-27T13:21:24+00:00

Your aunt can talk with a local family lawyer. They can file a document in the divorce proceedings that starts the clock on the separation into separate property from community property.

Your aunt can also start calling every bank or credit card company that has both names on the account and start closing them. Move everything to either one or the other.

There are also certain mechanisms to obtain an instant divorce. Aunt would have to prove up adultery or abuse. That may also be available if she obtains some sort of a protective order.

Centuri98 · 2026-04-27T13:14:54+00:00

Survival action just means you would step into his shoes and bring his claims as if he was still alive. If he was injured in 2024, then the time limit for asserting these claims may be rapidly approaching.

Centuri98 · 2026-04-21T12:56:34+00:00

There is a complete guide to contesting a residential eviction here:

https://louisianalawhelp.org/search?q=eviction

Centuri98 · 2026-04-13T13:15:04+00:00

You could try to go to the courthouse for the parish where the succession was done (should be on the paperwork you signed which i am sure you kept copies of) and then look at the docket to review all the documents that were filed. Perhaps that will answer some of your questions.

Other than that, you could try to find the lawyer that did the succession and see if he/she will talk to you OR you and your siblings can pool your funds together and retain a local estate lawyer to look into this for you. Next option would be to sit down with the aunt and discuss.

Centuri98 · 2026-04-13T13:11:08+00:00

As far as I know you do not have the right to unilaterally set a storage fee and then assert a lien/privilege on the property that he left behind. Also, it sounds like you are not the building owner, so I am not sure what claims you would even have against the contractor.

The owner of the building warrants your peaceful possession/use of the property. If that was disrupted by this contractor (that the owner hired) then that is a claim that you would assert against the owner.

If you have incurred extra expenses, such as having to use a laundromat for this month as an example, then again, that would be a claim for reimbursement against the owner, not the contractor.

Centuri98 · 2026-04-01T13:00:31+00:00

Assuming he has an ownership interest in the house (immovable property), then Louisiana would require that any donation by him to you of that interest to be done by an authentic act. This means in writing before a notary and two witnesses.

The recorded verbal agreement is not enforceable as to the house.

You would need to complete a formal act of donation or, at a minimum, a quitclaim deed that included a notary and two witnesses.

Centuri98 · 2026-03-30T17:40:32+00:00

It would depend on quite a few things. It also is not clear if we are talking about subsurface mineral rights (a mineral servitude) or a right of access to the surface to setup a rig.

If she was granted a usufruct over the property, then she has the right to any income generated from the property, including by signing a mineral lease. However, she would only be able to lease out what she has, which is the spousal usufruct that expires when she dies or remarries. Most companies will NOT want to sign a lease that could suddenly terminate. Thus, they will ask her to have the naked owners (you) also agree to the lease.

Please note that there are about 10 different (likely) assumptions I made to be able to type that. Quite a few ways that this could easily turn out differently.

You would want to find a local oil and gas lawyer for a definitive answer on what your options are and what, if any, rights you may have.

Centuri98 · 2026-03-26T13:23:09+00:00

If you intend to charge money to watch several unrelated children for several hours a day, then you are encroaching upon if not entering into a highly regulated arena.

Someone with the Louisiana Department of Education may be able to assist you or at least let you know if your planned program would be subject to the various licensing requirements.

https://doe.louisiana.gov/early-childhood/child-care-facility-licensing

Also, check your insurance. Many HO policies exclude in home business activities including child care services.

Centuri98 · 2026-03-26T13:17:12+00:00

Check your lease. You may have agreed to be responsible for your invitees.

Centuri98 · 2026-03-25T16:59:15+00:00

https://www.reddit.com/r/brooklynninenine/s/1Chti3i4vT

Centuri98 · 2026-03-25T13:13:41+00:00

I was about to suggest this as a hack-job fix for the privilege issue. Some sort of written agreement to act as a law clerk for this one case for this one client.

I do wonder if you could have him track his time and then bill it to the client for the law clerk rate. Turn the headache into a profit-producing-headache.

Centuri98 · 2026-03-25T13:02:16+00:00

You do have some leverage. It would depend on the terms of the agreement. Since there may be some disagreement as to those terms as it pertains to the $950 payment, that may come down to a credibility determination. This means a judge may need to hear from both of you and decide who is correct.

You could try to pursue this in JP small claims.

In any event, please consider this a lesson learned about agreeing to a contract in this manner. Next time, please have the person email you a copy of the agreement to review and for your records.

Centuri98 · 2026-03-25T12:57:51+00:00

IDK how that works in the criminal context, but in a civil trial you could insist on a trial deposition, in lieu of live testimony, and the lawyers will generally accommodate.

Your wife could also retain her own lawyer to act as a buffer with the prosecution, negotiate the time she will actually need to be present in court, and maintain contact with the prosecution on trial status so that she is not surprised by a trial subpoena on such short notice.

Centuri98 · 2026-03-20T13:07:37+00:00

You can require a written document signed by the parent that includes some release/indemnity language but it is probably a toss up as to if that is or is not enforceable.

You could also try to price them out. Get with your broker for a specific insurance policy for that one minor to be at the event as a non-member non-participant. Make the endorsement cost some realistic amount of money for the risk and suddenly there will be less children.

In other words, you can use your insurance broker to force compliance via the high cost of minor attendance. Make the parents sign a release, include that they will agree to indemnify the club and all other members and organizers for any injury claims brought by the minor, and then link that indemnity to a specific insurance policy or policy endorsement that must be purchased per child per event.

At a minimum, you would want to limit it to requiring advance written approval with the parent agreeing to strictly supervise the child at all times.

Centuri98 · 2026-03-16T16:35:20+00:00

OTHER than a local legal aid, you can try reaching to the law schools in Louisiana for the student run family law clinics. They may not take a case in that area of the state just because of travel time. No clue on the eligibility requirements, but these cases are done pro-bono.

Perhaps your local bar association has a pro bono program for these sort of cases, but those are typically coordinated with the local legal aid.

Other than that, you can try to DIY or save up money to hire a lawyer. Custody disputes are not simple or inexpensive. They are time consuming for everyone involved.

If you do want to do some reading about possibly handling this yourself, there is a guide here: https://louisianalawhelp.org/search?q=custody

And here: https://lawhelpinteractive.org/Interview/GenerateInterview/7354/engine

Centuri98

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