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  • #3388


    My mother-in-law has passed in 2011, there are 3 living children, one of the aunt’s is filing a succession for the home, is it necessary for the children to take any legal action. They are all over the age of 25. Also, the aunt claims she is paying the taxes on the property.

  • #3389


    We would need to know:

    Was there a will?
    If so, is the aunt named in the will?
    Was there a living husband when she died?
    If there is no will, why is the aunt filing a succession?

  • #3394


    OK, new facts, the aunt is not filing a succession. The youngest daughter is. And no there is no will.

  • #3395


    Any interested party can open a succession. That includes heirs, potential heirs, and even creditors.

    Without a will and without a spouse, generally the children inherit everything in equal shares.

    Since successions are a public record, any of the children can look at the file in the courthouse to see what is going on. Better yet, the other children should request copies of the pleadings -unless they are participating in the filings.

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