Legal Question in Wills and Trusts in Louisiana
Ancilliary Succession- Land in LA, person died in Lousiana
Person died by suicide in TX,Owned a house in LA,left a holographic will to longtime friend.Will simply stated that he was leaving him executor.The only real property he had was the house in LA.The rest of estate was direct pay things that left executer as beneficiary.It was the verbal wishes of the deceased to leave the house to my spouse.The executer did not open probate in TX because everything was direct pay.We would like to open probate in LA.Can it be done with a letter from the executor w/a copy of the will and his assignment of the house to us in LA? 2nd- deceased is my spouse's father, not listed on b/c another man is listed. He was conceived from an affair but was acknowledged by all including deceased that he was the father. Executer wants us to have house and would executer have to present in LA since it is non contested?
2 Answers from Attorneys
Re: Ancilliary Succession- Land in LA, person died in TX
The probate questions re: LA will have to be answered by a LA attorney.
Re: Ancilliary Succession- Land in LA, person died in TX
If the decedent was a Texas resident, the holographic will should be entered into probate in Texas. I don't know if Louisiana recognizes a holographic will or would allow an independent administration. If all the will says is "I leave X as the executor of my estate..." opening an ancillary probate in Louisiana may be opening a real can of worms.
You're better off in Texas if Texas has jurisdiction.
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