Legal Question in Wills and Trusts in Louisiana
Help! I live in Louisiana and have been named tutrix of my two minor children as a result of their father's death. (He died intestate; he and I were divorced at the time of his death.) My attorney advised that we do not need to do a succession because the estate is less than $50,000. Instead, a Sworn Detailed Descriptive List was filed in conjunction with the Letters of Tutorship. Everything has been signed and stamped by the Clerk of Court. The banks, however, are demanding additional documentation to open an estate account. I have gotten a variety of recommendations; each is different. What should I do? Thanks!
1 Answer from Attorneys
A succession must be done to close the estate. It is very simple if the estate is small. If no will was left, the spouse has Usufruct over the deceased's half of the community. Any children become the owners of that one-half subject to the Usufruct. Any separate property would go to the children. If underage, they will require a tutor to manage the assets for them. The remaining parent is the natural tutrix and is most easily made legal tutrix. This allows the tutrix to institute any suits, etc. Which are necessary to protect the children's interest.
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