Legal Question in Wills and Trusts in Louisiana

My husband of 14 years passed away in Nov. 2011. He does not have any children. He did not have a Will. He purchased the home that we lived in (I am stiil in the house) shortly before we were married. The house is in his name only. We have lived together in the home that he purchased from the beginning. I am having trouble with the mortgage company and one of his sisters. I was advised to get a succession. I was told that I will need his mother and his 2 sisters signatures (signing over their rights to the property) to me. His mother and 1 of his sisters have signed. The other sister is refusing to sign. I've worked and had money coming into the house all of these years. The house is about to go into foreclosure. I would like to keep my home and and put it in my name. But I refuse to pay house notes for a home that I may be put out of. Do I need his sisters signatures to get my Succession in order to keep my home? I have the money to pay it off. I assumed that the next of kin would be me and his mother. Please advise. Does his sister have the power to keep me from obtaining my home?


Asked on 4/24/12, 10:08 am

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Since your husband died without a will, the home passes through the laws of intestacy to his siblings, with his mother having usufruct (u8se) over the property. All three would have to sign documents in order for the home to be put in your name.

There are issues involved in community funds being used to pay the notes on the property, and for it's maintenance. This is fairly complicated, though. You should speak to an attorney and find out exactly what your financial position is.

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Answered on 4/25/12, 5:23 pm


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