Tagged: Heirship list needs to be filed
March 13, 2019 at 12:38 pm #4135
I need an example of the format and instructions on what all is needed to submit an heir-list to an open succession in a Louisiana parish.
Initial paperwork did not any heirs, when there are plenty living 1st cousins.
I have the list of heirs, and their full contact information on the paternal and maternal side of the deceased.
All other forms have been filed.
March 13, 2019 at 2:45 pm #4136LexKeymaster
Initial paperwork did not any heirs
Does that mean that a succession was opened and that an Affidavit of Death and Heirship was filed? That is usually what someone means when a list of heirs is mentioned.
Now, that being said, only heirs (called “legatees” if there is a will) that would inherit are usually mentioned. If there are children, spouse, and so on, then cousins, etc., would not be listed anywhere in the succession because they would not stand to inherit anything.
If that is not the case and there are heirs who should be listed because there are no closer relatives, then someone needs to intervene in the succession. Unfortunately, that would require hiring a lawyer to do it properly.
March 30, 2019 at 7:19 am #4138
Yes, a succession was opened and an Affidavit of Death and Heirship was filed, stating incorrectly that the decedent had no heirs. Decedent was an only child, never married, never had children, and parents are deceased. However, there are over 30 maternal and paternal 1st cousins. A heirship of the 1st cousins was never submitted. The will list folks to receive multiple real estate property with all contents, but there might be outstanding assets (non real estate) that would be distributed to the blood cousins on an heirship list, but an heirship was never submitted.
Now, that being said, only heirs (called “legatees” if there is a will) that would inherit are usually mentioned.
Why wouldn’t 1st cousins, etc., not stand to inherit anything? I know of another LA succession where the proceeds of selling the family property went to a long list of 1st cousins because there was no will.
Could the initial affidavit be amended to include the heirship?
Specifically to life insurance policies with deceased beneficiary are suppose to go to the deceased policy holders heirs. If the executor is a “friend” of the deceased, they will just say they didn’t know about the 30 cousins without the airship list.
What if the 30 cousins individually send notice to the court that they exist? Then the executor can’t say they did not know they exist. Is that a good work-around? Ideas, thoughts?
Thank you in advance.
Lawyer’s don’t seem interested in this type of case.
April 2, 2019 at 2:14 pm #4140BassmasterParticipant
The Louisiana Legal Advisor contains a diagram showing who inherits depending on whether it is separate or community property. If the deceased person was never married, then separate vs. community property is not an issue.
So, in the Order of Succession, a single nephew will inherit everything to the exclusion of all cousins. As Lex said, if things were not done properly then the recourse is to intervene in the Succession or re-open it if the Succession has been closed. I will try to add a screenshot of part of the diagram I am referring to.
April 2, 2019 at 2:20 pm #4142LexKeymaster
April 2, 2019 at 8:23 pm #4143
This is separate property. No wife, no siblings, no children, grandparents deceased.
1 non-blood person to receive real property and all possessions in it.
3 blood cousins (of 30 blood cousins) receive real property and possessions on it.
There are at least 2 outstanding insurance policies with beneficiary that predeceased decedent.
Petition of Possession is the last document (per my understanding), to be signed and filed, has a paragraph similar to this on it that reads:
Directing all banks, trust and insurance companies, and all other persons, partnerships, LLCs, unincorporated associations, or corps having on deposit, or in their possession, or under their control, any money, credits, royalty interests, or other property belonging to the succession of Decedent are to deliver them to the following persons in accordance with this Judgment:
Person 1 – 1st person-listed in will – non-blood association
Person 2 – 2nd person-listed in will-blood relative
Person 3 – 3rd person-listed in will-blood relative
Person 4 – 4th person listed in will-blood relative
This person list 1-4, does not include the other 27 blood cousins. The insurance companies have not distributed the monies. The succession attorney wrote a paragraph like the one above, which only reads 4 people, 1 not being blood at all.
Based on this example, would the insurance companies distribute the money to only person 1, or to all 4 people, or to none of the people listed? Do the other 27 1st cousins have a right to receive any of these life ins monies? This is why I asked how to make a amendment to to the original document to open the succession.
Is the paragraph above typical in Louisiana successions?
Please advise. Thank you.
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