Dad died 7/12. cars in his name only. does mom have to go through succession 2 get cars in her name so she can sell 1 of them?

Asked almost 2 years ago - Bossier City, LA

everything , bank acts , Ira's etc in BOTH of their names . they owe NOTHING to anyone .

Attorney answers (3)

  1. Brian Joseph Munson

    Contributor Level 13


    Lawyers agree

    Answered . Under Louisiana law, your mother has to open succession in order to properly transfer title into her name alone. This is done by first probating the will (if there is one), which is simply presenting it to the court. Assets are then distributed in accordance with the law or the will (again, if there is one). You will have to present a Detailed Descriptive List showing everything your father owned AT THE TIME OF HIS DEATH. Afterwards, the court will issue a Judgment of Possession declaring your father's heirs as the owners. This is the document you use to transfer title.

    If there is no immovable property (real estate) involved and the total value of all assets is under $75,000, then you can do a simple succession which is an affidavit filed with the court.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced... more
  2. Tiffany Dianne Garland

    Contributor Level 11


    Lawyers agree

    Answered . In absence of a will, your mother will still need to Petition the Court to open the succession. This will, as the previous attorney mentioned, allow for the assets to be distributed in accordance with the laws of Louisiana. Because Louisiana has a fairly unique legal system, particularly when it involves successions, I highly encourage you to seek consultation from a Louisiana attorney.

    Information provided in this response is intended to be informational or educational only. It in no way... more
  3. Matthew Erik Johnson


    Contributor Level 17


    Lawyer agrees

    Answered . If there was no designated beneficiary on the car title, your mother should be able to file a quick form naming herself as surviving spouse and executor of all property. At which point she will be able to transfer title to the recipient.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more

Related Topics

Inheritance rights and estate planning

Inheritance rights refers to the rights most states give to a spouse (and in some cases, children or grandchildren) that prevent you from disinheriting them.

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