Legal Question in Real Estate Law in Louisiana
i have a question
my wife and i live in a house that is tied up with three other children they all live in different locations, the problem is the house was never probated, and is still in parents, name, if anything happends to my wife and i hae made investment to house can the other children make me move. there was no will or probated.
thanks
2 Answers from Attorneys
The home still must go through the succession procedure. You must probate the will. You can get a credit for any costs you have expended on the home, but you must go through probate.
This is the 2nd time I have responded to this question........IS YOUR WIFE ONE OF THE CHILDREN OF THE DECEASED PARENTS???? Is it so hard to say that? I am not sure if you have any right to reembursement of anything that Mr. Lambert speaks of since you are living there and your wife, IF SHE IS AN HEIR, is an heir. So why didn't you write...."My wife's parents died and the heirs are my wife and 3 other siblings.......no succession has been opened. If my wife dies, can I be forced out of the house? The successions have never been opened." You say the word "probate"....that means one or both of the parents left a will.....if no will by either parent, then a succession is opened and the distribution is by heirship. If there is/are will(s), then distribution is by what the will(s) say, if legal.