Legal Question in Wills and Trusts in Louisiana

Louisiana Succession

My parents died and left a will with the house passed down to all children (eight). A succession was completed putting the house in all children�s name. One brother died a few months before my parents died but no succession was opened for him because he didn�t leave anything. My siblings want to turn the house over completely to me. I have been told we have to open a succession for my brother who died because he had five children and his portion would go to the children. The children would then turn the house over to me like the other siblings (my brother�s children do not want the house� they are of legal age, no minors). The children live in another state but the property is in New Orleans, La. Can I do a small estate affidavit(the house is under $50,000) for my nephews� succession for their father? For the house transfer should we do a donation or a quitclaim deed?


Asked on 4/18/06, 1:54 pm

1 Answer from Attorneys
Perry Staub Taggart Morton

Re: Louisiana Succession

You can complete the brother's succession through use of the small succession procedure. Louisiana does not recognize quit claim deeds as a basis for transferring title to real estate, but an equally easy way to handle this would be to have each of the brother's five children simply execute a renunciation of the brother's succession.

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Answered on 4/18/06, 3:31 pm


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