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Succession/Probate in Louisiana

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AnthonyPT

Junior Member
My mother passed away in early 2016 leaving my father as the executor of their estate. My father wants to give my wife and I two acres on his place for us to build a home. Is opening succession the only way for him to give us the property or is there another way?
Thanks!
 


adjusterjack

Senior Member
If, by open succession, you mean open probate, that might not be necessary.

Look at your parents' deed to the property. I mean it. You have to read it. Get a copy from your Dad or from the county if you have to.

If they owned the property jointly with right of survivorship (or its equivalent) then your Dad owns the property outright and probate won't be necessary.

The next question whether he is going legally subdivide out the two acres and deed them to you or just allow you to build on a two acre section of HIS property.

The first option is preferable because you'll own the two acres.

The second option is an incredibly bad idea because once you build your home on HIS property, the home becomes HIS property. If you ever have a falling out you can be evicted from HIS home.

I know you love your Dad and trust him but I have to tell you that hundreds of posts that I've read on these legal websites start out that way and end up with people ending up homeless when the family relationship breaks down for whatever reason.

So think about all this before you accept and only accept it if the two acres are subdivided and deeded to you.

Otherwise, don't sink your money into building a home that you'll never own.
 

AnthonyPT

Junior Member
I do mean probate. It is referred to as succession in Louisiana. Not sure why but it is the same thing. He is planning on outright giving it to us. It will be put into our names.
 

adjusterjack

Senior Member
No problem, then.

Just make sure it's properly subdivided with the county (parish I think you call it), with the legal description adjusted, use a warranty deed (not a quitclaim deed) and buy yourself an owner's title insurance policy for the icing on the cake.
 

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