Legal Question in Real Estate Law in Louisiana
Title Changes
I need to do a title change on property inherited by me and two siblings. I need to delete the two siblings because they want to sell the property, and leave only my name on the property. What legal forms do I need to file this change with the court?
2 Answers from Attorneys
Re: Title Changes
My answer assumes the property you refer to is real estate and that it is located in California. For personal property the process is somewhat different, and Louisiana law is very different from that of the other 49 states.
I also assume from you question that the siblings are selling their interests to you. Otherwise, the question makes no sense.
The process of selling to you will result in the recordation of documents which, when taken as a whole, will show that you are the sole owner. The documents to be prepared, executed, delivered and recorded could be either quitclaim or warranty (grant) deeds.
Preparation of the deeds, handling the purchase money, recording, etc. should be carried out through an escrow handled by a reputable title or escrow firm doing business in the county where the property is located.
You should pay for, and receive, a title insurance policy insuring your title as the sole owner.
You should probably confer with the executor or administrator of the estate to determine whether the proposed purchases are timely or whether there are any problems with the proposed purchase from the estate's point of view.
You should also check with your tax advisor as to possible tax consequences.
If the executor or administrator has carried out his responsibilities, you will not be dealing with the court. However, if the executor has not distributed the property to the heirs yet, the process is different than I described and you will need an attorney with probate experience to assist you.
Re: Title Changes
I disagree with the California attorney in that Louisiana law is not "very different" from the other 49 states. I assume that if the property in question was of considerable value, that you would not be asking for free legal advice. If that is the case, then a donation may be the best way to go, or a simple sale from your siblings to you.