Louisiana  |  Wills and Trusts

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11/01/09, 2:10 am

Legal Question


My mom passed away in 2002. She had a second mortgage on the home in her name but my father is on the deed and now pays the mortgage. He recently applied for a reverse mortgage and was told that because my mom didnt have a will and didnt specifically implicate their vesting that he needed to go to probate and get a juggement of possession. Is this correct and if so how does he proceed?


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11/06/09, 5:36 am

Legal Answer


I assume the house was purchased during the marriage and therefore is community property. In that case, your father owns 1/2 of the house and the children are the "naked owners" of the other 1/2. The ownership vested upon the death of your mother. As naked owners, the children own the title to the house, but are subject to the "usufruct", or right to use the house that the law gives to your dad as surviving spouse. Unless your mom's estate is complicated, the succession can be opened and Judgment of Possession obtained in one day.(It can be done that fast, I am not saying you can find an attorney who has the time to do it in one day) The only way the public can know who really owns the house is if a Judgment is done. The children can donate their interest or renounce the succession in favor of the father. I have never looked into a reverse mortgage, but as far as I can tell, the reverse mortgage gives money to the owner which they do not pay back and when they die, the inevitable result is the mortgage holder sells the property for a profit.

Nick Pizzolatto, Jr.

Pizzolatto Law Office
2771 Paul White Road
Lake Charles, LA 70611

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