Legal Question in Wills and Trusts in Louisiana

I am trying to claim unclaimed property that belonged to my mother and father now held by the Louisiana State treasurer;s office. They are asking for a Judgement of Possession. My father passed away in 1994 and my mother in 2006. While my mother passed away in Lousiana while visiting my sister, she was not a legal resident of Louisiana and therefore LA did not have authority over her estate. There was no will and there is no such judgement. What do I do?


Asked on 6/09/10, 7:28 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

You have to show some Judgment of Possession from some court (not necessarily a Louisiana court) to prove that you own the property. If you never opened succession, you are not the legal owner of any of her property and the state is correct in refusing to turn her assets over to you. The fact that she was not a Louisiana resident has nothing to do with it. The state is not asserting any "authority over her estate", they are simply refusing to turn over her property to you unless you can prove that you are entitled to it. The only way to do that is to show them a Judgment of Possession.

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Answered on 6/09/10, 10:42 pm


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