Legal Question in Real Estate Law in Louisiana
Time limit on wills transferings into house deeds
My grandmother passed away in November of 2007. My question is this would there be--name removed--set time on how long we had to do--name removed--will succession to transfer the deed to our family home over to the family members it was divided between?Or could we wait until they started asking for their share?
1 Answer from Attorneys
Re: Time limit on wills transferings into house deeds
If the succession is opened without mention of a will, then a will must be probated within 5 years from the date of the opening of the succession. If no succession is opened at all, then the period does not begin to run. Please note that "ownership" of inherited property transfers "immediately" upon death of the owner, whether a succession is actually opened or not. However, 3rd parties are not affected until the public records are properly updated. If you know of the existence of a will and purposely keep that fact a secret and it damages the testamentary legatees, then you and any other person who keep the secret may be liable for monetary damages. Additionally, your use of another's property is covered under the criminal law and referred to as either "theft" or "unauthorized use of property."