Can mother sell property without succession

What is the name of your state (only U.S. law)? Louisiana

My dad passed away a few years ago and did not leave a will and we have not gone through succession. Can my mother sell some property of my fathers without going through succession if me and my siblings agree or do we have to go through succession?

Thanks guys.What is the name of your state (only U.S. law)?

What kind of property are you referring to? Is it property that would have a title? If so, how is it titled?

"Real Property"?

Or, maybe, his golf clubs or a vintage Italian racing bike?

Hello guys. Thanks for replying. Please excuse my late reply as I thought I had e-mail notification set up. It is real estate. Would it matter if the title was on just my dad's name or the title was on both mom and dad? I could find out.

Just noticed anteater asked how it was titled. I'll find out.

With real property, HOW it is titled is incredibly important. IN many cases, no probate is needed, as the co owner may become the full owner.

Hi. Thanks for replying. If the real property is titled to both my mom and dad, then could she possibly put it up for sale without succession if both myself and my brother agree to the sale?

madarej said:

Hi. Thanks for replying. If the real property is titled to both my mom and dad, then could she possibly put it up for sale without succession if both myself and my brother agree to the sale?

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If they are not holding title as Tenants in Common, but are co -owners, it is likely they hold title in a way that would allow her to become the sole owner by simply filing a simple termination of the decedant's joint interest (or your state's equivilant) and then herself selling.. You haven't stated exactly how title is held between then.

I have to plead guilty to not noticing the state and that word "succession" when I first responded.

You know, I love Louisiana. I have KBON out of Eunice bookmarked so that I can tune into some good Cajun and Zydeco. But, sometimes I wish that Louisiana would join the rest of the United States legally. Responses to common questions that would be valid for any of the other 49 states may be completely invalid for Louisiana.

I am hesitant to respond, but will do so with the caveat that this is only my understanding of Louisiana law and you would be well advised to have at least a brief consult with an attorney.

Louisiana does not recognize either joint tenancy with right of survivorship or tenancy by the entirety as forms of ownership. Which probably means that the property would be considered community property. And, under intestacy, the children would inherit 1/2 of the community property, subject to your mother's usufruct.

Even if you and the siblings are willing to give up your right to inherit, I can't see how your mother could provide sufficient proof of 100% ownership to a buyer without a succession. Maybe Louisiana has a simpler procedure to accomplish that, but you would have to query a Louisiana attorney about that.

Sorry about all the weasel wording.

anteater said:

You know, I love Louisiana. I have KBON out of Eunice bookmarked so that I can tune into some good Cajun and Zydeco.

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All I have to say to that aardy, is thank God for the barrier of the Rocky Mountains!

Which we got along with Louisiana sans the twangy music and the hundred species of roaches, and the gators, and the chiggers, and the water moccasins, oil spills, grits and Napoleonic Code!

latigo said:

All I have to say to that aardy, is thank God for the barrier of the Rocky Mountains!

Which we got along with Louisiana sans the twangy music and the hundred species of roaches, and the gators, and the chiggers, and the water moccasins, oil spills, grits and Napoleonic Code!

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What can I say... I was hooked the first time that I heard Clifton Chenier.

(Besides, how else would one get to toss around terms like en division and en tontine.)

anteater said:

What can I say... I was hooked the first time that I heard Clifton Chenier.

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Maybe there’s an antidote.

Ok guys. Thanks for replying. Seems to me it's best to go through succession. It's the additional fees I wanted to avoid: there is $2300 for succession, then the inheritance taxes, not to mention the sizable realtor fee( 10%), and then the actual taxes on the profits from the sale. And I did look at the deed and my mom's name is not on it.

...then the inheritance taxes...

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You said that Dad passed away "a few years ago." It would have to have been before July 1, 2004 to be subject to LA inheritance tax, wouldn't it?

(I remember the weirdness of LA's repeal of their inheritance tax. It was repealed for deaths after 6/30/2004, but only if a succession was begun within 9 months - very strange requirement. But they took out that succession requirement 2 or 3 years ago - retroactive to 2004, I thought.)

... the sizable realtor fee( 10%)...

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10%!!!???

...the actual taxes on the profits from the sale.

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But don't forget the step up in cost basis when your father passed away.