I wanted to get some feedback from anyone willing to post on the following title problem. I will use the names John and Joan Smith, H/W as examples. Any information will be greatly appreciated.
John and Joan Smith, H/W acquired their interest in and to a 2 acre tract in Louisiana back in the early 1990s. Joan Smith passes away and leaves no will or no adminstration of her estate. This interest was not conveyed into Joint Tenancy so it is assumed the interest was conveyed to the husband and wife as Tenants in Common unless I'm missing something. John and Joan Smith had 4 children together that are all still living to this day. A lease was taken covering John's interest in 2008 and I'm guessing I would need the 4 children to ratify this lease if they acquired an interest through their late mother's death. I'm familiar with the intestate succession laws in Oklahoma but not in Louisiana. Does anyone know if her interest automatically reverts back to her surviving spouse or do the kids inherit in equal shares her portion of the interest in and to this tract of land? Thank you for any help.
Not enough information to say;
Are you recorded on the deed @ the courthouse as an undivided owner of the property?
Did your father leave usufruct to your mother?
All depends on if there was a will or not.
If there was a will, it will need to be probated and the property will be divided as per her wishes.
If no will, LA law is automatic. Although a good landman will want to clean up the title to garuntee the lease (affadavit of heirship, quitclaim deeds, ratifications, etc...). In LA, when a parent dies, Comunity Property is divided between the surviving spouse, and the children. The spouse recives 50%. The kids split the remaining 50%. The surviving spouse receives a Usafruct.
The main questions are:
1) Is the property community property or was it separate property?
2) Is there a will?