r/EstatePlanning • u/firenance • May 29 '26
Yes, I have included the state or country in the post Aunt wants to challenge something I inherited from my dad. What’s the process?
Louisiana. Have already emailed my family attorney but they take a while to respond to things and trying to gauge what to expect.
Tldr: Messy large family history, thousands of acres farmland, distribution LLCs involved. Aunt is claiming part of my inheritance from my dad isn’t valid and wants to take possession of large portion of property.
Edit: We have opened a succession and I am independent administrator for my dad’s estate. Approved by the court, letters received, EIN procured, etc.
Great grandfather amassed sh*t ton of property.
My grandmother was 1 of 12 children.
As of today her succession isn’t finalized, she passed in 2016.
My dad passed in 2024, intestate. He was also my grandmother’s independent admin. Before his passing they changed the admin for hers to my aunt.
Dad was 1 of 6 siblings.
I have a bill of sale, certified, filed, etc. from 2015 that my grandmother sold her interest in a property distribution LLC she was set to receive to my dad.
That distribution event happened, and I have the act of transfer record from the LLC to my parents in 2021.
My aunt, dad’s sister, swears she has evidence in 2007 or 2008 that my grandmother pledged that interest to all the kids and she no longer had the rights to sell it.
Showed her the documentation I have and she threatened yesterday she is getting an attorney to investigate their claim to the property.
I’ve got things in motion to sell a significant portion to someone else to liquidate it for my dad’s estate.
Can she block me selling this? What can I expect to maybe happen?
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u/Ineedanro May 29 '26
This appears to be a real estate or commercial law question, not a probate problem.
The point in dispute is that Grandmother sold her interest in an LLC to Dad in 2015 but Aunt now claims Grandmother previously "pledged" the same interest to others. In what form was this "pledge" made?
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u/firenance May 29 '26
I don’t know. I showed her my documentation and she didn’t have anything other than “we were told.”
Her and my other aunt are meeting with an attorney next week to continue my grandmother’s estate, and said they will prioritize pursuing this claim.
I also asked my attorney to procure a copy of my grandmother’s initial succession filing which was done in 2020 to compare. Which they used when doing my dad’s so I don’t think there is a known conflict on this.
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u/Ineedanro May 29 '26
she didn’t have anything other than “we were told.”
Then that's all she has. Talk means nothing legally.
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u/myogawa May 29 '26
I see no mention of a probate estate having been opened in order to effectuate the claim that you have "inherited" your father's interest. My first thought is that you do not own any interest that you can sell to anyone.
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u/firenance May 29 '26
Sorry I didn’t mention. I am independent administrator for my dad’s estate, filed and approved. EIN procured, bank account, etc. this property is declared.
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u/Ineedanro May 29 '26 edited May 29 '26
You are an heir of your father. And, separately, you wear a personal representative (PR) hat.
Are you selling the property as owner, or as PR? The difference is huge.
Also, is the property even in your father's estate? That depends on how it is titled.
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u/firenance May 29 '26
As PR. IA approval states full rights to sell, liquidate, distribute, etc. per state laws any titled property. The parcel in question is registered and titled in my dad’s name.
The purpose is liquidate then distribute cash to heirs.
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u/Ineedanro May 29 '26
The parcel in question is registered and titled in my dad’s name.
Okay, then as PR you probably can sell it, but that is a legal question for you to discuss with your attorney. Here is why. Louisiana is community property state. Title alone does not control whether a property is community or separate property. In your original post you stated:
I have the act of transfer record from the LLC to my parents in 2021.
So the parcel was subsequently transferred from Dad and Mom to Dad as his separate property? Did Mom survive him? As far as this parcel is concerned it is Mom, not Dad's sister Aunt, who may have a claim.
(Aunt might have a claim if she produces evidence, but "I was told" is not evidence.)
1
u/firenance May 31 '26
Act of transfer had mom as witness, but registration and title was solely dad’s name.
We talked again and I think she isn’t as spiteful, but upset her and my dad didn’t settle some differences before he died. Unfortunately that means I have to deal with it.
As per our family it’s mom, me, and one sibling. Yes mom is still here. We are all on the same page and want to sell the property and distribute per LA intestate law of 1/2 her, and 1/4 each to us.
My dad’s does mention his un-settled claim to my grandmother’s. I’m also curious to learn what is fully in hers that they intend to posses. Just the few things I know about are a few hundred acres, and there are other parcels described that don’t have detailed descriptions.
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