Does a will require secession in Louisiana

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Latest post 12-14-2012 10:34 PM by Drew. 8 replies.
  • 12-11-2012 12:06 PM

    • CMKMOM
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    Does a will require secession in Louisiana

    We are in the process of selling our deceased parents home. They both left a will. The title company contact the executor of the estate say that a secession needed to be done. Is this required in Louisiana? The only property they had was the home. If it is require how long does the secession take. Before this came about we were scheduled to close at the end of the week.

    Thanks

  • 12-11-2012 12:13 PM In reply to

    • Drew
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    Re: Does a will require secession in Louisiana

    LA has a odd set of laws borrowed from the French.  So what does executor say? 



  • 12-11-2012 12:19 PM In reply to

    • CMKMOM
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    Re: Does a will require secession in Louisiana

    The executor does not want the secession. Everyone on the will is in agreement of selling the house.

  • 12-11-2012 12:25 PM In reply to

    Re: Does a will require secession in Louisiana

    You'd need to discuss with an LA estate-probate attorney whether the will itself may act as a transfer document/in place of a deed to the named heirs. You don't say how long ago the owners of the home died, but typically, a probate/succession must take place.  It's also unclear how the "executor" came to be the executor if the will was never filed for succession/probate and that person didn't receive a letter of administration/testamentary from the proper court giving him/her the authority to act as executor.

    Sounds like the executor mucked up in not conferring with a probate attorney before addressing this.

  • 12-11-2012 12:29 PM In reply to

    Re: Does a will require secession in Louisiana

    CMKMOM:
    The title company contact the executor of the estate say that a secession needed to be done. Is this required in Louisiana?

    Apparently it's required by the title company. So the answer would be yes, it's required.

    It's either required by the title company in order for the title company to issue a title policy or it's required by the buyer's lender to protect the lender's secured interest.

    If you're asking, is it required by law, it doesn't matter if it's not required by law, you'll still have to do it to complete the sale.

    Might be wise for the executor to consult a Louisiana probate or real estate attorney.

     

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  • 12-11-2012 12:31 PM In reply to

    Re: Does a will require secession in Louisiana

    Several questions for you before we can hope to address your question:

    1. You said that "we" are in the process of selling your parents' home.  Who are "we"?  You and who else?

    2. When did each of your parents die?

    3. You said, "They both left a will."  Did you mean that each of them left a will?  Or did they have only a single will that covered both of them?  This, coupled with my second question above, and assuming they didn't die simultaneously is going to trigger questions about the contents of the will(s) regarding what happens with the first to die dies.

    4. You referred to "the executor of the estate."  Is the person in question actually the executor (i.e., was he or she appointed by the probate court to serve in that capacity) or is he/she merely nominated in the will(s) to serve as executor?  For that matter, are you talking about your mother's estate or your father's estate?

    5. What do you mean by "secession"?  To "secede" means to withdraw formally from an alliance, federation, or association, as from a political union, a religious organization, etc.  The southern states' purported secession from the United States triggered the U.S. Civil War.  The term doesn't make any sense in this context.

    6. It is impossible to believe that they owned no property other than their home.  Did you mean that they owned no other real property (i.e., real estate)?

    7. In whose name or names does title to the property stand?  If the answer to this question is different than your answer to my first question above, how exactly do "we" intend to convey title to the buyer of the property if "we" do not own the property?  Are "we" being advised/represented by a realtor in connection with this transaction?

  • 12-11-2012 3:44 PM In reply to

    • DPH
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    Re: Does a will require secession in Louisiana

    Visit the following website for some info on succession:  http://rrtierra.com/LAPROBATEX.html

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 12-11-2012 6:31 PM In reply to

    Re: Does a will require secession in Louisiana

    CMKMOM:
    a secession needed to be done

    The correct term is "a succession."  Here's a link to a lawyer's website with a lot of information about this:

    http://www.louisianasuccessions.com/faq.htm

    A succession is Louisiana's term to describe the legally-required process to settle a deceased person's estate.

    It doesn't look as though you are likely to be able to close on time.  Probably not even close.  Because the estate included real estate, the "extra-judicial succession" isn't an option, so you will need a judge's order of one kind or the other ("Judgment of Possession" or "homologation" of the succession representative's "Tableau of Distribution").

  • 12-14-2012 10:34 PM In reply to

    • Drew
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    Re: Does a will require secession in Louisiana

    Call it succession or call it probate but either way LA and just about everyplace else requires probate of a will or formal intestate administration (no will) in order to convey good title to the buyer from the owners .

    The executor is not a formal executor until and unless he gets off his duff and gets the will properly probated . The so called executor is holding up the parade and is bordering on incompentent  and likley to cost the heirs money by his unwise delay of process. .

    To sell the home is not a question of popular vote --its whatever the will says to do with it  --and the beneficaries could agree to sell it at estate laver rather than take possession and then sell it.



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