Replies to This Discussion

Permalink Reply by Merry Line on October 28, 2009 at 14:44

yes, we have the will but it does not give the areas as he inherited his rights from his brother--the rights are all in the State of La.

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Permalink Reply by Dion Warr, CPL on October 29, 2009 at 6:29

Merry Line:

You state that you have the will, but you have not mentioned a Judgment of Possession. Has a succession proceeding been opened for this estate in the State of Louisiana? If so, a diligent search of the records of whatever parishes or counties in which your family member owned interest should have resulted in a list of inventory of immovable property (real estate and/or mineral interests).

If the succession has not been opened, or has been closed and the family 'keeps finding more property', you will need an attorney (either to proceed with the succession proceeding or to seek an amended Judgment of Possession which will make reference to the 'found property'. If the decedent held interest in the State of Louisiana, Louisiana law will apply, irrespective of the will in cases of forced heirship, and this should be addressed. Despite any other statements to the contrary, forced heirship still exists within the Civil Code in Louisiana, although it has been modified greatly. Any rights that would have been inherited prior to 1997 - you need an attorney, whether there is a valid will or not, as the 'old rules' will apply.

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Permalink Reply by Merry Line on October 29, 2009 at 7:21

Thank you so much for this response--we are now contacting an attorney for the succession and search.

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