Opelousas, LA asked in Estate Planning and Probate for Louisiana

Q: My mother left me a small house in her will. She has no other property. How do I get the house in my name?

I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at the present time. Good luck.

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

A: If the house value is under $125k, and the Will leaves the house to you, in the same manner that intestacy law would apply - meaning, there are no other children that would inherit, then, you may be able to proceed with the small succession affidavit through an attorney. If the value of the home is over $125k, the Will is in good form, and there are no heir or creditor issues, then, you may have to judicially open, but we also have a process that allows us to go straight to judgment - after signing pleadings, the whole process takes about 30 days to obtain the judgment, which updates the chain of title for the house. You need to reach out to a successions/probate attorney to address these factors.

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