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.
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.
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.
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.