Legal Question in Wills and Trusts in Louisiana

Re: Quick Claim Deed?

Unfortunately, you raise more questions than answers. To start out, you need to find out in whose name is title being held on these three properties. If one or more are held in your parents' names then you are likely going to have to open a probate in order to have title transferred.

If the properties are not in your name then you cannot do a quitclaim deed to transfer them.

Additionally, the "tax company" is a big question mark. What did they do for you and what were they promised in return?

You really need to get information and documentation to an attorney to discuss your rights and options.

If probate is necessary the attorney's fees are typically paid in an amount according to law by the estate, i.e., your parents' estate. And, they are typically paid at the end of the probate.

Let me know if you would like to discuss this matter.

Caleb

Re: Quick Claim Deed?

AN interesting question. Do you know what the agreement is with the tax companies? I have not heard of anything like this so I would cetainly want to review the contracts that they have with you regarding this...this can be done free of charge.

Also, do you know how the homes are titled? This can make a major difference in the answer. Do you know if there are liens against them filed by these tax companies? Again, this can make a major difference.

It sounds like you are on the right path, but it can't hurt to have an attorney look over your materials just to make sure.

Additionally, when your parents passed away, did they have a will? A family trust? This can make the difference if the properties need to be passed to you and your siblings directly or through a process called Probate. Hopefully, there was a family trust as Probate can be quite time consuming. Fortunately, the fees are paid out of the estate at the close of the Probate, but as I stated, it can take some time.

I strongly suggest that you sit with an attorney, (if not our firm, then another that is experienced in estate planning and Probate), and go over what documentation you have so you can get a better idea as to where you stand.

Regards,

Scott

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Quitclaim Deed?

I'm not sure how the tax company works, but you should have their actions and any contract reviewed by an attorney to be sure they won't be making any type of ownership claim on the property. If you've paid them back what they've paid, and are continuing to pay the property taxes, you're on the right track.

I can't say what actions are needed to put the properties in you and your siblings names without seeing the latest deeds on the properties, but I suspect a probate is needed--this involves filing a petition for probate and maybe a spousal property petition to give you clear title.

If a will (or a trust) is involved, this will affect the outcome as well.