Baton Rouge, LA asked in Estate Planning for Louisiana

Q: My mother and i both name on the tile of the house when she pass away do i have to do probate or what is best option

Related Topics:
2 Lawyer Answers
Regina Scotto Wedig
Regina Scotto Wedig
Answered
  • Estate Planning Lawyer
  • Amite, LA
  • Licensed in Louisiana

A: Louisiana law requires co-owners of property to obtain a judgment of possession to have clear title to immovable property (your home and land) when one of the co-owners die. This is true whether you are related to each other, are married to each other or are simply co-owners of land. The concept is that each co-owner owns an undivided interest in the entire property so a judgment of possession is required to identify the owners. In addition, ownership does not pass to the other co-owner automatically. For example, if you have other siblings, they may inherit part of your mother's interest unless she left a Will leaving you her entire interest in the property. There are several options available to you depending on the value of the property, whether there is a Will, whether there is a surviving spouse and/or other children.

Christie Tournet
Christie Tournet
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Yes, you will need some form of Succession - but that method (and whether you have to judicially open or do an Affidavit) depends upon whether there was a Will or not and the value of the estate. Also, how your mother's share in the house gets transferred also needs to be considered - a Will can dictate the transfer, or default intestacy laws apply, which consider if the house was separate or community and who her legal heirs are. You need to contact counsel well versed in probate to address these factors and determine the best route for you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.