Not sure what to do. Husband died without a will. Could I lose my house?

[DanaM]

Louisiana

My mom and dad bought a house in Louisiana over 20 years ago. My dad was the primary and my mom is the co borrower. My dad passed away 5 years ago without a will and now my mom is trying to refinance the house but can't because he is still on title. The problem is....my dad has 2 children (grown now) from a previous marriage. Both of his kids are very bitter (didn't even show up to his funeral) and if they find out that they are possibly entitled to a portion of estate, they will jump all over it. My mom is 60 years old and has nothing but this house. If this goes to probate, what are the chances the two other children will find out about their entitlement to half the house? Are they even entitled? My mom doesn't have the money to pay them out for their portion and she has spent over 20 years paying for this home - how can it be that they are entitled to any of it?? Arrgghh....
She doesn't have money for an attorney but if I can find out what the process is for notifying any possible heirs, I may hire an attorney for her if you think it's worth it? Or should she just hang up the idea of refinancing?

Thanks so much.
Dana

 

[nextwife]

And EXACTLY how is the house titled?

 

[anteater]

And EXACTLY how is the house titled?

Aaarr... You beat me to it.

If it isn't titled jointly with right of survivorship, I suggest you have her consult an attorney. Louisiana is a community property state and has some complex intestate succession statutes.

 

[DanaM]

Property vested in both names as an asset of their community (joint tenants, tenants by the entirety and so on).

This is how it reads on the mortgage docs.

 

[Indiana Filer]

Property vested in both names as an asset of their community (joint tenants, tenants by the entirety and so on).

This is how it reads on the mortgage docs.

I'm sure it doesn't just say "and so on."

Type out exactly what it says, substituting John Doe and Jane Doe for your parents' names. This is really important to figure out exactly what your mother needs to do in regards to this issue. Without this info, you aren't going to get accurate advice. And it needs to be what is on the deed, not what is on the mortgage. If you/mom don't have a copy of the deed, go to the Parish Courthouse recorder's office (or whatever LA calls it) and ask them for the information as to how the property is held.

For example:

"Property vested in John Doe, a married man, and Jane Doe, a married woman, as an asset of their community as Joint Tenants by the entirety."