Legal Question in Wills and Trusts in Louisiana
How can I find out if a succession has been opened
My father recently passed away, and I have been told that he left a will. How can I find out if a succession has been opened? I would like to know what the will says, but my mother and sister are unlikely to show it to me, or tell me when it has been presented for succession proceedings.
Other than initiating the succession myself is there a way to find out if a succession has been started? I am given to understand that once the court has opened the will that it is public record, and that I can then obtain a copy from the court. I feel certain that my father left everything to my mother, but as his son can the succession take place without me knowing, if I'm not mentioned in the will? Must the succession be opened in the parish where he died, or can it be opened anywhere in LA? Must all successions be opened in a specific court, or just presented to a judge to begin the proceeding?
Thanks for your help, your responses to others have already helped me a great deal to understand "what happens now". This site is a wonderful public service!
1 Answer from Attorneys
Re: How can I find out if a succession has been opened
LA law is SO different from the rest of the states, as it is based on the Napoleanic Code rather than the English Common Law upon which the rest are based.
The will, however, is a public record once it is filed in the courthouse in the parrish in which the deceased resided at the time of his death.
You are entitled to review the will in the court file together with any other documents filed as the case proceeds.
Children have no legal right to inherit their parent's estates, and no right to be notified, legally, if they receive nothing in the will.
It's a shame your family relationship isn't better, but some aren't.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
