What kind of attorney for will and "community property" issues?

February 4, 2018 1:31 AM

My father died. He left 50% of his estate to my mother and 25% each to me and my brother. This puts his assets in so-called "community property." My mother is trying to sell his car to a family member, but she can't sign over the title herself. She needs our signatures. That's fine. She found a form and sent it to me, which has to be notarized. However, the form is pretty specific about it needing to be signed by a notary in Louisiana. I'm in Texas. We're not sure how to handle this and various other related issues. Ultimately, it seems like we should talk to an attorney, but what kind?
posted by anonymous to Law & Government (2 answers total)

Your father's death did not create "community property." That is a term that governs property arrangements between spouses during their marriage, in nine states, including Louisiana. But it does or can affect the rights of others, at death.

It sounds like he had a will. But a will by itself does not do much. It goes into effect only if it is probated. In Louisiana, it appears, it is called a "succession." Often, if the deceased had little property in his own name, it is not considered cost-effective to open a probate estate. Many states provide for a quick retitling of a motor vehicle into the name of the spouse if there is no probate estate.

You or she need to consult with a Louisiana attorney who handles probate and estates. This manual appears to be published by the state of Lousiana as a guide. Consider it as a way to make yourself more knowledgeable when speaking to an attorney, not as a substitute for doing so.

For the form, a notary in Texas will know what to do.
posted by yclipse at 2:43 AM on February 4, 2018 [2 favorites]

I don't know nearly as much about any of the legal background with the estate, but I can speak very specifically and narrowly to the question you asked about the notarization problem.

When I was in a sort of similar situation with people being in different states and buying a car from a friend of the family, we had a very similar situation where the titleholder of the car in a different state had to sign over the title and have it notarized within my state.

The solution was for the seller to provide me with power of attorney very specifically with respect to selling the vehicle. This was notarized in his home state. Then, I was able to sign on his behalf in my state, and have my signature notarized here. See this page for an explanation.
posted by Maxwell_Smart at 9:41 AM on February 4, 2018 [1 favorite]