Legal Question in Real Estate Law in Louisiana
Family Succession
Both parents are deceased (1) house (3) adult children
(2) handicapped children House in father's name Father passed first then mother passed no other children involved
parents only marriage they were divorced before both
died mother never changed house into her name or open
succession on father Do I the daughter need to open up
succesion on both parents or just the father I'm the
daughter living in the house now House is paid for.
Not sure If I want to sell the house or keep it.
No wills from both parents I want to put the house in
my name or all three children's name.
1 Answer from Attorneys
Re: Family Succession
I am a little confused with how many child your mom and dad had, 3 or 5. If your parents bought the house during the marriage then it is 1/2 your dad's and 1/2 your mom's UNLESS one or the other was given the house in the divorce. If not, then you must open your father's succession so his 1/2 can be transferred to his children and your mother's must be opened to pass her 1/2 to her children. Fortunately, both successions can be opened at the same time. Only the heirs inheriting the property can sell it, and to show proper ownership on the public records, the successions must be opened. This also applies to any other property they owned at their deaths.
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