Legal Question in Real Estate Law in Louisiana

Re: Real Estate

Under California's laws of intestacy, if your brother died in California without a will, the property will become his parents'. They will have to file a petition for letters of administration to probate his estate and transfer the property back.

Re: Real Estate

Mr. Cohen's answer is right if we can be sure California law applies. Your question, however, says Louisiana law applies, and Louisiana law is based on European/French Civil Law rather than the English-derived Common Law of the other 49 states. It may be very different.

The applicable law may depend upon (a) where his will (if any) was made, and (b) where the real estate is situated, as well as (c) where the brother died. I think the importance of where a will was made, if there is a will, is very important, if not absolutely controlling, as to what laws govern its interpretation.

The right to transfer back, sell, or simply live in the home will belong to the brother's heirs, and if it turns out someone else inherited the home the parents probably can't get it back. Transfering a home or any other property to someone else ordinarily terminates the transferor's rights and vests full ownership in he transferee. There are numerous exceptions, but they are nevertheless only exceptions. Giving away property tends to be final.