Lake Charles, LA asked in Contracts, Estate Planning and Probate for Louisiana

Q: Can you sign your share of an estate over to another share holder (sibling) without a secession in LA?

There are six siblings, I want to sign my share of the house over to another sibling.

2 Lawyer Answers
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Estate Planning Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: Yes, this can be done. An attorney familiar with successions and property law can help you do this. Give me a call and I'll be happy to discuss further.

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

A: No - not without a succession of some form being done. Specifically, as to real estate and other titled assets, the title will show in the Decedent's name and to have the heirs/beneficiaries show as the correct, new owners some form of succession must be done. Also, you cannot simply have someone renounce a succession with the intention of one share going to another heir. Renunciations have consequences - usually where the renouncing heirs share goes to his/her children. Still, while some form of succession will have to be done first, Louisiana successions can be very streamlined - either by Affidavit or pleading based. Once the succession transfers titles of the succession assets to the correct heirs - either by direction of the Will or default, intestacy (no Will) laws, then the sibling can donate/transfer his/her share to another sibling. This is frequently done with successions. You should contact counsel well versed in probate to discuss your specific circumstances and to obtain a more precise recommendation for proceeding.

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