Legal Question in Family Law in Louisiana
Divorce Decree and Will
In a divorce decree is community property settlement or assets shown? If a community property settlement is done between two people-with NO lawyers involved-and was never signed by the judge-can it be re-openened? And one Last quest pertaining to a Will. When an executor files a Sworn Detailed Despcriptive List-must inventory be shown on the immovable properties? Spouse is still alive and her and my dad had several accounts opened under their names-does 1/2 belong to the estate? His checking account was only under his name. Thanking you kindly for your expert advise, I am.
2 Answers from Attorneys
Re: Divorce Decree and Will
Depending on the specific facts of the settlement, a formal petition to partition community can be filed. Usually, this would be done if not all property was included in the first settlement, or if there was an unfair distribution. Seek a lawyer to determine if it can be re-opened.
Successions with a will are a bit more complicated and you should seek an attorney to look over the paperwork and answer your specific questions.
Ordinarily, anything acquired during a marriage is considered community property no matter whose name it is in.
Re: Divorce Decree and Will
Sometimes the couple will separate property in the papers with the divorce, but not always. More often the property is separated later.
As to the "property settlement" have a lawyer review the documents and check their validity. Ultimately a property settlement is either a joint declaration of the separate ownership or a transfer of ownership. While often done as a court judgment, that isn't the only way.
As to your last question, bring the documents to a lawyer to review.
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