Hendersonville, TN asked in Real Estate Law and Probate for Louisiana

Q: Decedent died a mth ago.no will. no parents /wife/children. Has two surviving brothers.

Value is under the 125k amount.

We are interested in buying this house. How do we ensure who has legal right to sell it and if it has a clear title?

State is Louisiana

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1 Lawyer Answer
Myrna Arroyo
Myrna Arroyo
PREMIUM
Answered
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: The decedent's house would pass to his brothers, if he left no parents, spouse or children. The brothers will need to open a succession. If all the decedent's assets are less than $125K, and all of his heirs are in agreement, they can execute a Small Succession Affidavit to transfer the property from the decedent to the heirs.

I would also recommend you do a title search before purchasing the property to ensure there are no additional co-owners or liens on the property.

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