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Permalink Reply by Max on January 7, 2014 at 3:07

Unopened Successions

September 2008

By Judge Jeff Cox

 In the last few weeks, I have seen a number of lawsuits that contain the heading of Unopened Succession. This heading indicates that the whereabouts of an heir or heirs to a property are unknown. Many times, these types of proceedings are filed in order to be able to expropriate property for pipelines or roadways. This heading is a sure indication that someone did not take care of their family’s business.

Unopened Successions have to be filed when the heirs whereabouts cannot be determined. A curator, who is a lawyer, is hired to represent the unopened succession and attempt to find the unknown heirs. The lawyer will usually send certified mail to the last known address to determine if the heir still lives in that location. If the lawyer receives the mail back unclaimed or notice that the heir does not live at that location, then the lawyer will run an advertisement in the local newspaper asking if anyone knows the whereabouts of the missing heir or heirs. If no one responds to the advertisement within a certain period of time, the lawyer will then go to court on behalf of the Unopened Succession.

When the lawyer gets to court, he is asked to make his report. This is called the Curator’s Report. The lawyer will tell the court what steps he or she has taken to find the location of any heirs. The lawyer will then stay in court while the case proceeds and represent the missing heirs if they do not appear. If the heirs do appear or contact the lawyer that has attempted to find them, then the lawyer can be retained by the heir. If the lawyer represents the Unopened Succession, the lawyer is entitled to be paid by the person seeking the action. Any monies paid to the Unopened Succession are deposited in the Registry of the Court and go to the State of Louisiana after a certain period of time if they are not claimed.

An Unopened Succession can be avoided by checking on relatives. It is important to know your family and who is taking care of any property the family may have an ownership interest in at the time of a person’s death. Many times, persons will die and their children and grandchildren will not file succession because they live on the property. As time goes on, children and grandchildren will move to other states and family members will lose touch. Once this happens, the heirs names or locations are lost and property or money belonging to that heir can be lost because they did not handle the succession. It is always good to know who your relatives are and what has happened to them. Keep a close eye on your property to make sure that you are not the unknowing party to an Unopened Succession.

Jeff Cox is the 26th Judicial District Court Judge for Bossier/Webster Parishes, Division C.

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