Legal Question in Family Law in Louisiana
Survivorship Succession
My husbands ex-wife died before they could sell the house.She had one child when they married and they had one child together.Who gets what and how do we sell the house without her signature.She had no will.The boys are adults.
2 Answers from Attorneys
Re: Survivorship Succession
You would need to do a succession to place her heirs (persumably her children) in possession of the property. It normally cannot be sold until the succession is done.
Re: Survivorship Succession
Your husband owns 1/2. The deceased ex-wife owns 1/2. Her 2 children would share equally in her 1/2. A succession should be opened and the children placed in possession of their interest in their mother's 1/2 of the property. Then the children can sign to sell the house.