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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42909
Experience:  Texas Attorney for 30 years dealing in real estate
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My sister, mom and dad are on the deed to their home in New

Customer Question

JA: Hi. How can I help?
Customer: My sister, mom and dad are on the deed to their home in New Orleans, la. My dad died a year ago and my mom would like to take my dads name off the deed so that the deed title reflects 50% ownership of my mom and sister
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: new orlean, louisiana
JA: Has any paperwork been filed?
Customer: no. that's what we're trying to figure off. Can my mother file the death certificate and it be suffice? If so, what department should file? Does filing require both my mother and sister to be present? Or is it as simple as one of them providing a certified death certificate
JA: Anything else you want the lawyer to know before I connect you?
Customer: with my father dying? would the house be split 50% between my mother and sister
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

You would need to make application for probate in the parish he resided.The person appointed personal representative would do a Judgment of Possession to herself or the legal heirs as part of probate.She cannot transfer this without probate and a lawyer locally to file application.As part of probate she has to pay creditor claims, file an inventory and then deed it to the heirs.

Louisiana law uses the word succession to refer to the probate process. A Louisiana succession is a court process for changing title to assets from a deceased person to his or her heirs or beneficiaries.'

The purpose of succession is to give clear or marketable title to the deceased person’s assets. After the succession process is complete, the individuals or organizations that end up with the assets can sell them, take out loans against them, and otherwise freely deal with the assets.

Successions are often required to give assurance to third parties (such as financial institutions or buyers). As part of the succession, the court will issue a Judgment of Possession that transfers title to the decedent’s assets.


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