Law of succession

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  • #1845

    Archives
    Participant

    Have a quick question: how long do you have after a person dies to use the law of succession?

  • #2017

    Lex
    Participant

    There is no time limit, assuming no succession pleadings were ever filed. I’m opening a succession for someone who died in 1980.

  • #2018

    Archives
    Participant

    Thank youMy dad died in 2006, my sister and I were living in different states so we decided we had to wait and see, now that my step sister died, she was unable to care for herself, we just want to know how to get what was rightfully ours from our stepmom, oh and there was no willCan anyone tell me our first step

  • #2019

    Bassmaster
    Participant

    Lex can correct me if I’m wrong, but as I remember it step-children don’t inherit from an intestate (no will) estate.

  • #2020

    Archives
    Participant

    My stepsister was very sick and we lived her, we didn’t won’t any changes in her life after we lost dad, so that’s why we waited, we knew she couldn’t be part of thisDoes anyone know of a good attorney that would help us… It will be a fight as my stepmom is very very unreasonable and we can’t see her agreeing to anything.. There’s a considerable estate as we’ve heard.. Over 100,000Another rid bit about this case, my dad was very intelligent and of a sound mind until he passed..he knew Louisiana had a succession law.. And still did not draft a will.. I think he meant for us to have it

  • #2021

    Bassmaster
    Participant

    With the new details it appears that after your father died no succession was opened. If this is the case, then:His 1/2 of the community property (assuming, of course, that the he was living under a community regime and not a separate one) would go to his heirs (children), subject to a legal usufruct in favor of the surviving spouse.His separate property (things owned by him before marriage, things given solely to him, etc.), if any, would go to his heirs.As far as the usufruct is concerned, if it is over consumables (cash, money in checking/savings accounts, etc.) then C. C. Art 538 may well apply.Art. 538:If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct ((which is death or remarriage, whichever occurs first)) he is bound either to pay to the naked owner ((the heirs)) the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.As I read that, for example if there is a checking account with $24,000 in it at the decedent’s death, then the surviving spouse’s portion of the community is $12,000 and the heir’s portion is the other $12,000 divided amongst them in equal shares. However, the surviving spouse has the use of the decedent’s portion for the term of the usufruct, but at the end of the usufruct (say in your case your step-mother’s death) then the portion of the usufruct spent would have to be restored to the heirs.Finally, you should try to get a proper accounting of what your father’s estate was worth on his death. If it was $75,000 gross or less (his 1/2 of the community property plus his separate property, if any) then a succession may not have to be opened and instead you can proceed by Affidavit of Small Succession.

  • #2022

    EJC-LA
    Participant

    I'll add that since the surviving spouse is not an ascendant of the naked owner, the surviving spouse will have to obtain security (e.g., post a bond) for the value of the naked owner's share.

  • #2023

    Lex
    Participant

    Hi EJC-LA and thanks for trying out the new Forum. We should be going live with this in the next day or two and then making similar changes to the overall site.You have several posts on the "old" site, so I have upped your number of posts to 40 so you won't be a newbie. 8)

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