Legal Question in Wills and Trusts in Louisiana

Is a Judgment of Possession required in Louisiana for a surviving spouse to have the testate deceased spouse's property placed in surviving spouse's name? Or does the Last Will and Testament put the property under surviving spouse's name?


Asked on 2/03/12, 8:39 am

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You must probate the will and have a Judge sign a Judgment of Possession. If the estate is relatively free from debt and will not require administration, it is not very expensive to do. Just about any attorney who practices general civil litigation can handle it and most will do it for a flat fee if no administration is required.

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Answered on 2/03/12, 8:57 am
Charlton Ogden Taggart Morton, LLC

It will be necessary for there to be a jugment of possession rendered in the deceased spouse's succesion in order to put the heirs in possession of the property in accordance with the provisions of the will. If the property is community property, the surviving spouse is entitled to an undivided one-half interest of all the community propery that existed as of the death of the decedent spouse.

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Answered on 2/03/12, 1:13 pm


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