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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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