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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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My parents willed their home to my nephew. My Father passed

Customer Question

My parents willed their home to my nephew. My Father passed away. Does my nephew own my Father's portion
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: Since his death?
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a will filed from my parents
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 19 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

The answer lies in how the property was titled before your father passed away. If your parents held the property as "tenants by the entireties" or "joint tenants with a right of survivorship," that means your mother became the sole owner of the entire property at the instant of your father's death. Property held in either of those ways is NOT part of probate, and therefore, the will does not control - the will only determines how probate assets are split up. Most married couples purchase property as tenants by the entireties.

On the other hand, if they held the title as "tenants in common," there is no right of survivorship, and your nephew would now own your father's share. If you don't know, check the deed. Also look for any limiting language in the will that says, for example, your nephew only gets the house when the second spouse passes away. That's fairly common.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 17 days ago.

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