Legal Question in Wills and Trusts in Louisiana

Re: Heirs' Debts

Dear LawGuru Friend,

Your question depends a lot upon what the creditor does, or upon what the creditors do. The law is that if the heirs "accept" the decedent's estate, that they accept, and become responsible for, the debts along with it. There is a set of articles in the LA Civil Code that talk about acceping a succession and refusing a succession. You need to find those and read and understand them. If I were in your position and wanted to end up with the house without having to pay the debts of your mother's estate, I think I would just not do anything; just make sure that I paid theh the annual property taxes on the house and lot and at the same time keep the property up, until the debts get so old that they become uncollectable. In the meantime, the property will continue to be listed in your mother's and/or her deceased husband's name. I want to make it clear that I am not advising you to try to beat the creditor or creditors out of a legitimate bill. I am just trying to answer your question. A lot depends on what the creditor or creditor will do to enforce collection of your mother's debts, including her expenses of last illness. There is more to it all than this, but this is something to consider. Oh, yes, I failed to mention that if you do nothing now and let the time pass for the debts to die by the running of time (three years on debts on open account, maybe longer if there is a signed document acknowledging the debts and/or agreeing to pay same), then, at such time you can file and complete a late succession proceeding so as to clear up title to the property and make it clear of record who the rightful owners are, or you and your siblings can just keep it in your names, after having recorded in the Conveyance Records of the parish where the property is located an Affidavit stating that you all are the only heirs of the decedent your mother and/or your father, and, as such, that you all are the sole and only heirs of the decednt, or decedents, and thus the rightful owners in indivision (undivided ownership) of the said property (house and lot it sits on.) As in every legal matter, there is always more to it than can be stated in a short letter, but this is something consider. Good luck to you and your siglings! One more time: As heirs of your mother, you are not personally responsible for her debts unless you accept her succession; and, further, once the debts are no longer enforceable (have died by running of the applicable statute of limitations), then, insofar as those past debts are concerned, it won't matter what you do concerning the property. If I were your lawyer and advised you accordingly, I would indeed be practicing a little bit of "creative" law, making the most of the least. Again, good luck to you all!

Sincerely,

Hardy Parkeson, Atty.

Lake Charles

Re: Heirs' Debts

Dear LawGuru Friend,

Your question depends a lot upon what the creditor does, or upon what the creditors do. The law is that if the heirs "accept" the decedent's estate, that they accept, and become responsible for, the debts along with it. There is a set of articles in the LA Civil Code that talk about acceping a succession and refusing a succession. You need to find those and read and understand them. If I were in your position and wanted to end up with the house without having to pay the debts of your mother's estate, I think I would just not do anything; just make sure that I paid theh the annual property taxes on the house and lot and at the same time keep the property up, until the debts get so old that they become uncollectable. In the meantime, the property will continue to be listed in your mother's and/or her deceased husband's name. I want to make it clear that I am not advising you to try to beat the creditor or creditors out of a legitimate bill. I am just trying to answer your question. A lot depends on what the creditor or creditor will do to enforce collection of your mother's debts, including her expenses of last illness. There is more to it all than this, but this is something to consider. Oh, yes, I failed to mention that if you do nothing now and let the time pass for the debts to die by the running of time (three years on debts on open account, maybe longer if there is a signed document acknowledging the debts and/or agreeing to pay same), then, at such time you can file and complete a late succession proceeding so as to clear up title to the property and make it clear of record who the rightful owners are; or you and your siblings can just keep it in your names, after having recorded in the Conveyance Records of the parish where the property is located an Affidavit stating that your mother and/or father died without a will and that you all are the sole and only heirs of mother and/or your father, and, as such, that you all are the rightful owners in indivision (undivided ownership) of the said property (house and lot it sits on.) As in every legal matter, there is always more to it than can be stated in a short letter, but this is something consider. Good luck to you and your siblings! One more time: As heirs of your mother, you are not personally responsible for her debts unless you accept her succession; and, further, once the debts are no longer legally endorceable and collectable (have died by running of the applicable statute of limitations), then, insofar as those past debts are concerned, it won't matter what you do concerning the property. If I were your lawyer and had advised you accordingly, I would indeed have been practicing a little bit of "creative" law, making the most of the least, making a way where no way exists. Some lawyers are better at it than others. Again, good luck to you all!

Sincerely,

Hardy Parkeson, Atty.

Lake Charles