Legal Question in Wills and Trusts in Louisiana
My father had a will leaving everything to be divided between my mother, my brother and myself. My mother and brother are both deceased prior to my father, and my brother had no children. Do I need to probate the will being the only surviving heir?
What document would I need to provide to sell the home and change the beneficary on his insurance claims from my mother to myself?
2 Answers from Attorneys
If there is a will, it has to be probated, even if it does not change the outcome of asset distribution.
The best way to sell the home would be to have yourself appointed as Executor and sell it i that capacity. It is a very clean and efficient way to sell property.
I would have to have more information about the life insurance policy to answer your question about that asset.
The will must be probated, since your mother and brother predeceased your father, and you brother had no descendants, all of the property will be transferred to you. Regarding your mother being the beneficiary on the life policy, that will have to go to her estate, and you will likely have to open both your mother's and father's successions to get the immovable property sold, it can be done as a joint succession, and the property can be sold within the succession under your administration
If you need more information, please do not hesitate to contact me, thanks
Charlton B. Ogden III
Taggart Morton, LLC
1100 Poydras Street, Suite 2100 | New Orleans, LA 70163
Direct: 504.599.8505 | Main: 504.599.8500 | Fax: 504.599.8501 | Cell: 504.289.1919
Covington Office: 71206 Hendry Ave. | Covington, LA 70433 | 985.892.8592 | Fax: 985.809.9237
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