6.5 Considerations with Immovable Property
6.5 Considerations with Immovable Property aetrahan Thu, 06/22/2023 - 13:04If the succession included immovable property, a certified copy of the signed Judgment of Possession must be recorded in the conveyance records in the parish where the immovable property is located. If the Judgment contains properties in different parishes, certified true copies of the Judgment must be recorded in each parish. A Judgment of Possession obtained in Orleans Parish must also be recorded in the notarial archives and a copy sent to the Board of Assessors.1 This must be done within 15 days of the Judgment of Possession under penalty of fine.2 Most conveyance offices automatically send each Judgment of Possession to the Assessor, but it is best to follow up anyway and advise your client to check with the Assessor to make sure that he has the names and addresses of the new owners.
Advise clients as to their possible rights to the homestead exemption from property taxes and the procedures for applying for the same. Currently, any heir who occupies the home is entitled to a pro rata share of the homestead exemption.3 For example, if 2 of the 3 heirs live in the home, they would be entitled to two-thirds of the $75,000 homestead exemption from taxation. A surviving spouse who owns or is a usufructuary over any interest is entitled to a full homestead exemption.4
Legatees should be entitled to the homestead exemption from the time of the decedent’s death.5 Some assessors wrongly deny the homestead exemption until there is a Judgment of Possession. This error should be correctable by negotiation or lawsuit.