Protect. Your. Property: HeirPropertyinLouisiana. Howhomeownerscanbuild wealthandprotecttheirasets

Similar documents
How to Minimize the Need for Probate in Texas

Small Estate Affidavits Bexar County Probate Court No. 2

Quit Quitclaiming OR HELPING CLIENTS HELP THEMSELVES WHEN IT COMES TO TRANSFERRING REAL ESTATE BY: AMY WOCHOS

Mom Always Said I d Get the House. Post-Death Real Estate Issues. Deputy Register in Probate Jeaneen Mardak Attorney Amy Wochos

New Jersey N2K Hour: Effects of Death and Estate Issues

ESTATE ADMINISTRATION:

Florida Powers of Attorney*

TEXAS INTERACTIVE STUDY GROUP UNIT 5 QUESTIONS

EVICTIONS including Lockouts and Utility Shutoffs

What You Need to Know About Renting to Own and Contracts for Deed

Medical Assistance ESTATE RECOVERY PROGRAM

UNIT 5: JOHN MATHIS CONTRACTS

PROBATE WORKSHEET. Rev. May 16, 2012 Page 1 of 7. Please use the back or another sheet if enough space is not provided.

ELECTRONIC CONVEYANCING IN ESTATE SITUATIONS. by Bonnie Yagar, Pallett Valo LLP

Brought to you by Ingham County Treasurer Eric Schertzing

Heir Property. Robert A. Tufts Ph.D, J.D. LLM (tax) Attorney and Associate Professor Emeritus Alabama Agricultural Extension Service

Do You Know Your Rights and Duties As a Renter?

Tenants Rights in Foreclosure 1

PROBATE WORKSHEET. Please use the back or another sheet if enough space is not provided. Name of Deceased: Last Home Address of Deceased:

NATIONAL INTERACTIVE STUDY GROUP UNIT 3 QUESTIONS

THE MYLOUISIANASUCCESSION.COM GUIDE TO LOUISIANA SUCCESSIONS AND PROBATE

Comments on Perpetuities Problems at Supp O A and his heirs so long as the land is used for residential purposes.

National Interactive Study Group

Estate Planning Basics

Eviction. Court approval required

Neighborhood Stabilization Program Public Meeting Flagler County Government Services Building, Board Chambers February 25, :00 p.m.

11/9/2015. November 12, 2015 Marquette University Law School Atty. Ian J. Thomson

Tax Foreclosure Fortunes:

ESTATES ADMINISTRATION

Do You Know Your Rights and Duties As a Renter?

Summit Place Financial Advisors

Taking Title to Real Property Fidelity National Title Group - Florida Agency Operations

HOPING TO AVOID PROBATE

OFFER & ACCEPTANCE. Chapter 7

The Application Process & Pre-Tenancy Determination Form - Standard Terms of Business

Was Your Landlord Foreclosed?

Notices to Vacate and Ending a Lease

Estate Procedures for

GUIDELINES ON SETTLEMENT OF ESTATES

Answers to Questions Communities

Beneficiary Deeds in Montana

Powers of Attorney. It is important to pick someone you trust deeply. Remember they will have control of things like your bank accounts or property.

Toll Free Tel Fax

How a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical

Transfer on Death Deed INSTRUCTIONS

Heir Property: Education, Advocacy, Reform

PACKET-DECEASED MEMBER. Copy of Death Certificate (Required) Page 2. Explanation of Requirements and Procedure Page 3

things to consider if you are selling your house

Liens, Estate Recovery and the Special Recovery Unit OVERVIEW LIENS

Chapter 4 Questions: Interests in Real Estate

TOWN OF DUCK PLANNING BOARD REGULAR MEETING. October 9, The Planning Board for the Town of Duck convened at the Duck Meeting Hall on Wednesday,

Shared ownership A buyer s guide. Sharing your future Living your dreams

Presented by Duncan Strickland. Giustina Persich

The Homesteads Act, 1989

Introduction CLEARING TITLE TO LAND: A GUIDE FOR NONPROFITS IN TEXAS

Legal Jargonbuster. money, property and assets that belonged to that person which are held in his name. These are referred to as his Estate.

A guide for first time buyers

YOUR GUIDE TO SHARED OWNERSHIP. A guide to Shared Ownership

FACT SHEET FS Property Ownership and Transferring Are Important Features of Your Farm Succession Plan Many people think an estate

WHEN YOU OWE RENT TO YOUR LANDLORD

PRIVATE CLIENT DEPARTMENT DECLARATION OF TRUST FACT SHEET

Introductory Tenancies Your Questions Answered

A step-by-step guide to... Help to Buy. Shared Ownership. hastoesales.com

Quiz 3 (Answers found near end of workbook.)

TENANT LAW SERIES. Care homes

REAL PROPERTY Copyright February, 2005 State Bar of California

IMPORTANT ANNOUNCEMENT: Our website is changing! Please click here for details.

What You Need To Know About Mobile Homes

I N T R O T O L E A S E O P T I O N S

Uniform Law Commission develops transfer-on-death deeds By Susan N. Gary

APPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER

Common mistakes people make when moving house ( and how to avoid them)

POWER OF ATTORNEY & LIMITATIONS ON USE

renting a room from a resident landlord

CRE Residents Ballot Workshop

Notice that you must leave. a brief guide for landlords and tenants. housing

INSTRUCTIONS TO INDEPENDENT EXECUTORS

3 Examples of Wholesale Real Estate Deals

Nearly half of local millennials consider moving as Seattle-area home costs soar again March 1, 2017

Chapter 22. Choosing a Place to Live

Best Practices and Consumer Protection for Life Lease Housing in Ontario

TITLE & ESCROW OVERVIEW

The Asset Holding Trust Guidebook

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation.

Your Rights. as an Assured Tenant

The Importance of TOD & JTWROS Designations Tuesday, 27 May :13. A convenient move that could ward off probate on your accounts

OFFICE OF THE ASSESSOR COUNTY OF LOS ANGELES JEFFREY PRANG ASSESSOR

BOUNDARIES & SQUATTER S RIGHTS

Tenancy Changes Policy

The Homestead Act. Questions. and Answers. Massachusetts General Laws, Ch. 188, William Francis Galvin Secretary of the Commonwealth

Landlord and Tenant Board. What is the RTA? Before You Move In. to find out if you are covered.

WHAT APPLICATIONS CAN I FILE AGAINST MY LANDLORD?

Activity #13. Estate Planning Questionnaire and Farm Asset/Management Transfer Plan

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

Will Controlling Your Legacy Durable Power of Attorney Durable Power for Health Care Medical Directives Community Property Agreement Transfer on Death

Underground Tax Sale Strategies

Will and Powers of Attorney Instruction Sheet Simple Wills and Powers of Attorney No Estate Planning

PROBATE & LACK OF PROBATE IN WA

RENTERS GUIDE TO EVICTION COURT

To make money in short-sale foreclosures you must

Transcription:

Protect Your Property: HeirPropertyinLouisiana Howhomeownerscanbuild wealthandprotecttheirasets Revised2016

Protect Your Property: Heir Property in Louisiana Revised 2016 Louisiana Appleseed 1615 Poydras Street, Suite 1000, New Orleans, LA 70112 Phone: (504) 561-7312 Fax: (504) 566-1926 http:// www.louisianaappleseed.org.

Acknowledgments Louisiana Appleseed would like to thank Malcolm A. Meyer, Esq., Adams and Reese LLP, and our community partners for their invaluable contributions to the development of this project. Special thanks to the Baton Rouge Area Foundation, the Entergy Charitable Foundation, the Greater New Orleans Fair Housing Action Center, the Greater New Orleans Foundation, the JP Morgan Chase Foundation, the Ourso Foundation, the Unitarian Universalist Service Committee and the W.K. Kellogg Foundation for supporting this project. We would also like to thank the Louisiana Bar Foundation for its ongoing support as a strategic partner. 2016 Louisiana Appleseed The information in this pamphlet is provided as a matter of public service and is for informational use only. The information does not constitute legal advice and should not be used as such. Users are strongly urged to talk with a lawyer in matters involving heir property.

Protect Your Property 1 Homeowners living on property passed down from family sometimes can t take advantage of their property rights. After the 2005 hurricanes and subsequent disasters, some Louisiana residents were unable to receive federal and state aid for property damage. They owned their homes. They even paid property taxes. But legal documents didn t list them as owners. So, they lacked clear title. Their homes were passed down through generations by family agreement, but not through the legal system. They owned heir property and couldn t receive Road Home government aid or finance repairs. Do I have heir property? Heir property comes about when necessary legal work isn t done after a property owner dies. If you do nothing, the right to live on the property goes to an heir. Heirs are: Related to the deceased property owner by blood or marriage, or named in a will and Alive when the property owner dies.

2 Protect Your Property The heir legally owns the property. But, the property s title does not automatically pass to the heir. Without legal paperwork, the title is unclear and unmarketable. Even if the property owner had a valid will, the heir still must take the original will to court in order to get clear title. Why should I care about clear title? If you do not have clear title, you might not be able to: Sell your property. Make repairs to the property. Borrow money against the property. Cash an insurance check. Deal with a bank on a foreclosure. Qualify for government aid to fix your house. Get a homestead exemption for taxes. Get notice of actions by the City or Parish if they try to take your home or fine you. Have a court rule on claims of heir in a lawsuit against those falsely claiming to be heirs of the original owner.

Protect Your Property 3 For example, assume that Anna and her children lived in a home with Anna s mother, who owned the property. Anna s mother died without a valid will. Everyone in the family agreed that Anna owned the house. So, Anna never opened a succession in court to get clear title. Some years later, Anna decided to sell the house and move into a larger home closer to her kids school. But when Anna tried to sell the house, she couldn t find a buyer because she didn t have clear title on the house. The title was still in her mother s name. Without clear title, she would have to accept a much lower price on the home, which wouldn t be enough to help her buy the larger house needed for her and her children. 1960 1980 1990 2010 Mother buys house with the title in her name Mother dies without a will Daughter gets house as heir Daughter stays in house Title still in Mother s name Daughter can t sell house because title is not in her name Buyer won t accept an unclear title How can I get clear title on my property? Getting clear title used to be expensive and time consuming. But now, because the Louisiana Legislature passed Act No. 81

4 Protect Your Property in 2009, and Act 323 in 2011, there s a cheaper and faster way for many people to get clear title. The new laws let heir property owners file an Heirship Affidavit. This can get them clear title to their property, if the estate is valued at less than $75,000. Using an Heirship Affidavit can reduce legal fees and filing costs. Most recently, the Louisiana Legislature passed Act 618, which allows property owners to use the heirship affidavit for estates of any value where the property owner died over 25 years ago. What is an Heirship Affidavit? An Heirship Affidavit is a statement under oath by 2 or more heirs (including the surviving spouse, if any) as to certain facts. The affidavit can only be used if the property owner died without a valid will. Out-of-state owners who have a will can use the affidavit in limited circumstances. Also, the affidavit can only be filed after 90 days from the property owner s death. Generally, an Heirship Affidavit requires: Date of death of the deceased, and his or her home address at the time of death. Marital status of the deceased, and the name and address of

Protect Your Property 5 the surviving spouse, if any. Names and last known addresses of the heirs, and their relationship to the deceased. Legal description of the property. What else can I do to protect my property? Make sure property taxes are paid. Visit your parish tax office to make sure your property taxes are paid up and that the office has the correct name and address of the person responsible for the taxes. Some offices have this information on their web pages. Have a valid will. Draft a valid will to ensure that your property will be legally passed down according to your wishes. Make a family tree. Create a family tree to help all family members know who their relatives are. What can I do next to get clear title on my heir property? If you think you may have heir property valued at $75,000 or less, or if the decedent died over 25 years ago, call an attorney.

6 Protect Your Property Explain that you want to file an Heirship Affidavit. The attorney can walk you through the process, decide whether you qualify and describe information that you may need to get clear title. Useful documents to bring to your first visit with an attorney are: Deeds Tax receipts Death certificates Obituaries Any other information on family members If your property was damaged in the August 2016 floods and you need help finding an attorney, please call: 1 (844) 244-7871 Flood Proof: Legal Help for Homeowners with Title Problems

LouisianaAppleseed 1615PoydrasStreet,Suite1000,NewOrleans,LA 70112 Phone:(504)561-1046 Fax:(504)566-1926 htp:/www.louisianaappleseed.org.