Legal Question in Real Estate Law in Louisiana
Transfer of Louisiana Property
February 04, 2008
Dear Sir or Madam,
My father, passed away on 05/24/99. My step-mother gave me some papers on property in Louisiana that is owned jointly by my Uncle, Aunt & Dad. The 4.3 acres of land is located in Acadia Parish, Louisiana.
I recently received a copy of my dad's will that leaves my step mother as the sole heir, unless she had died before my dad, then the estate would have been divided equally amongst the surviving children. The will was never probated. My stepmother said that it was my dad's verbal wishes that the property my dad inherited from my grandfather, be passed to us upon his death. She says there is no document to that affect, only that he verbally told her that it was to pass on to us. She said if there are papers that she needs to sign, she will do whatever is needed. My step-mother has also furnished me with a copy of my dad's death certificate and their marriage license.
What is the most cost effective course of action? My dad's will has never been probated. Does the will have to be probated? Can we probate the will in Texas? If so, will Louisiana accept an Affidavit of Heirship from Texas? If that is acceptable, what document would be needed to transfer the property?
1 Answer from Attorneys
Re: Transfer of Louisiana Property
You need to probate the will where your father died. Then an ancillary probate procedure opened in every state where he had immovable property. You have to do that so your step-mom can quit-claim or donate her interest in the property to you. If it is not done that way, and she dies before it is done, then her heirs get her property, which right now includes the land in Louisiana.
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