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My dad died without a will. Mom wants to transfer both vehicles into her name.There are three heirs ,one heir refuses to sign .

Lake Charles, LA |

My mom drives the car and my dad had the truck . My younger sister refuses to sign the affidavit of heir ship for the DMV . My mom got the insurance transferred for both vehicles in her name the registration is still in my deceased fathers name . What do we have to do to make my sister sign or does Marjory rules in Louisiana .

Attorney Answers 3


  1. Your Mom is your Dad's 'next-of-kin' if they were married at the time of his death. Most states have specific rules as to 'who-gets-what' and normally a surviving spouse would be the heir unless that second spouse dies. I'd recommend you meet with a Lake Charles Estate Planning attorney and get this resolved. Good Luck!


  2. Louisiana laws on Succession are entirely different than any other state. In order for your mother to get the vehicles in her name, she will need to open the succession in probate court. I suggest finding a succession attorney as soon as possible. Depending on the size of your father's estate, the process can be lengthy at times.

    Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.


  3. Ms Garland is correct in stating that you need to open the succession. If there is not much property, the succession can be completed rather quickly. Still, if one of your siblings is not cooperating, then the process will likely drag on.

    You should find a local attorney in Lake Charles.

    Best of luck.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced law ONLY in LOUISIANA and answers to questions from other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state.

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