Asked in Estate Planning and Real Estate Law for Louisiana

Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

2 Lawyer Answers

A: There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a Last Will and Testament, which occurs only at someone's passing. Otherwise, the landowner can also donate during his/her lifetime. Reach out to a local counselor well versed in estate planning and donations.

1 user found this answer helpful

A: If the owners want to leave the property to a specific grandchild, then they either have to sell/donate the property before their death or do it via a will. As attorney Tournet mentioned, please reach out to a local succession/estate planning/will lawyer in your area-----this is doubly important If the property is owned by multiple people (for example grandfather and grandmother) as all owners have a right to transfer his/her portion of the property to whomever he/she desires. Good luck.

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