[bcbiv]

My Mother and my step father purchased a home before they got married. One year ago my mother died, with out a will. My step father told me a few days ago that he can not afford to make payments on the home so he would have to sell. The house was appraised at $ 110,000 , The payoff is $ 101,000 . I would like to assume the notes since I do not want him to sell home. I am my mothers only child. I would like to know my rights and what could I do. Can he sell home with out my knowledge ? The home is in Louisiana.
Any help would be great!! Thanks

[George_1950]

Louisiana. Whoooo! I'm not from there and I've always heard the law is different because of the French influence. You need a copy of the deed; you will have to pay him something unless he just wants to get away from the situation. Loan assumptions are not common as they were 30 years ago, so you may have to make an out-right purchase.

[Fr_Chuck]

Ok, Louisiana has very different laws on property than anywhere else in the US.

But if they purchased the home (* how was it deeded ) if they did it with right of survivalship, then he just became the owner at her death, no need for court or will or anything, if it was not, then the state law of inheritance would have taken over, and to clear the title, it would have to go though court and the hiers notified.

I would assume he got full ownershp at her death by the way the deed was written.

So basically I doubt you have any say in this what so ever, if you were willing to buy it from him, I would assume he would as easy sell to you as anyone. Don't know what type of loan they have, FHA, or a VA loan may sometimes be assumed, others normally are not , and you may have to just get a new loan for it, to pay him off.