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My sister, mom and dad are on the deed to their home in New…

Customer Question
My sister, mom and...

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

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New orlean, louisiana

Lawyer's Assistant: Has any paperwork been filed?

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

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

With my father dying? would the house be split 50% between my mother and sister

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 1 minute by:
8/2/2017
Real Estate Lawyer: Ray, Lawyer replied 11 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,280
Experience: Texas Attorney for 30 years dealing in real estate
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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.

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Real Estate Lawyer: Ray, Lawyer replied 11 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.

Reference

http://www.nolo.com/legal-encyclopedia/intestate-succession-louisiana.html

Lawyer referral for her

https://www.google.com/search?q=louiaiana+probate+lawyer+referral&ie=utf-8&oe=utf-8

I appreciate the chance to help you .Thanks for rating 5 stars, let me know if you have more.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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