How long after someone passes can the inherited move into the house?

UPDATED: Oct 1, 2022

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How long after someone passes can the inherited move into the house?

My Uncle left everything moveable and immovable to me an he has 1 brother
an 1 sister how long after he passes can I move into the house?

Asked on May 11, 2019 under Estate Planning, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the house is still in probate, then you can move in if/when the estate's executor (if there was a will) or personal representative (if there was no will) says you can: regardless of who will inherit the home, until probate is done, it belongs to the estate and the estate (through the executor or personal representative) decides who may live there. There is no automatic right to move in during probate just because you will inherit the home once probate is done. Obviously, if you are the executor or personal representative, you can give yourself permission to move in once your authority in that role is confirmed by the courts (contact the probate court's clerk's office for instructions on doing this, if you have not done so already).
Once the home is out of probate and belongs to you (i.e. has been retitled in your name), you can of course move in whenever you like.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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