Legal Question in Real Estate Law in Louisiana

Real estate title issue in Lousiana

Two people buy a house jointly, one dies, it this a probate estate or can the deed provide for rights of survivorship.


Asked on 5/15/09, 12:07 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Real estate title issue in Lousiana

The deed can provide for right of survivorship, if you take title at the time of purchase as "joint tenenants with right of survivorship." Even if you did not take title initially that way, you can deed the property to the 2 owners as JTWROS.

If you own the property as JTWROS, then the property goes to the surviving joint tenant automatically by operation of law and there is nothing to probate.

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Answered on 5/15/09, 12:32 pm


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