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What should my mom do about the neighbor's property claim?

What should my mom do about the neighbor's property claim?

Q: How long do you have to transfer property after death?

The time frame to transfer property after death varies by state. Generally, the estate must go through probate, which can take several months to years. Once probate is completed, the property can be transferred to heirs or beneficiaries as outlined in the will or by state law if there is no will.

Q: What happens to furniture when someone dies?

When someone dies, their furniture and personal belongings become part of their estate. These items will be distributed according to the will or, if there is no will, according to state intestacy laws. Heirs or beneficiaries may need to go through probate to determine how these items are to be divided.

Q: Can my parents exclude me from their will?

Yes, parents can legally exclude a child from their will. They have the right to decide how their assets are distributed upon their death. However, if you believe you were unfairly excluded, you may have grounds to contest the will if you can prove undue influence or lack of capacity.

Q: Can your parents cut you out of the will?

Yes, parents can cut you out of their will at any time. They are not legally obligated to include their children as beneficiaries. If you feel that you have been unfairly excluded, you may contest the will in probate court, but you will need to provide valid legal grounds.

Full question:

My mom has been living on her property for at least 30 yrs or better. Her neighbor gave her a small portion of his property to make her carport wider. Well he is deceased now and some of his great grandchildren are living in the house about 5 yrs now. My mom's house burnt down in Oct 09 and she,s rebuilding. They came over and told the contractor her slab was on their property....... what can we do about this problem?

Category: Real Property
Subcategory: Encroachment
Date: 04/07/2025
State: Louisiana

Answer:

Case law indicates that an oral easement is considered a revocable license, which allows someone to enter another's land for a specific purpose. Generally, easements should be in writing to comply with the statute of frauds. A license can be revoked unless estoppel applies, which may prevent revocation if the licensee has made significant investments based on the expectation that the license would continue.

It may be beneficial to negotiate a formal easement agreement with the current property owners. There are two main types of easements: easements in gross and appurtenant easements. Easements in gross are personal rights that end upon the easement owner's death. Appurtenant easements are tied to the property and remain with it even if the property is sold. To qualify as a legal appurtenant easement, the properties must be adjacent and owned by different parties.

When property ownership changes, the appurtenant easement typically stays with the land. This means that if the property is sold, the new owner inherits the easement rights. An easement can be terminated under certain conditions, such as:

The purpose of the easement no longer exists.
The easement and the land it affects come under one owner.
The landowner releases the easement.
The easement is abandoned.
Nonuse of a prescriptive easement.
Adverse possession by the landowner.
A court judgment in a quiet title action.
Misuse of the easement.

Misuse typically does not terminate the easement but can lead to legal claims for remedies. Legal proceedings may be necessary to clarify and define the easement's scope.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a parent cuts you out of their will?

If a parent cuts you out of their will, they have the legal right to do so unless you can prove undue influence or lack of capacity. Wills can be changed at any time, and a parent may decide to exclude a child for various reasons. If you believe the will is invalid, you may contest it in probate court, but you will need valid grounds to do so.

Can I live in my mom's house after she dies?

Whether you can live in your mom's house after her death depends on the terms of her will or state intestacy laws. If you are named as a beneficiary or if the house is not specifically bequeathed to someone else, you may have the right to live there. However, if the property is part of an estate, it may need to go through probate first.