Legal Question in Wills and Trusts in Louisiana

Can a succession be filed without an attorney?

My mother died leaving no will. Her husband recently died leaving a will. I was told that in order to receive her share of the real property that was jointly owned by them, I along with my siblings must file a succession. Can this be done without an attorney? Do all of the siblings have to file together? Does her share of the property even belong to her children or does it automatically become part of her husbands estate?


Asked on 6/19/00, 6:35 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can a succession be filed without an attorney?

Under the laws of intestate succession [one who dies without a will] the entire estate passes 50% to the living spouse and the remaining 50% is divided equally among the surviving children. This is true of all property in which an interest is held by the deceased.

One should file a probate shortly after the death of the parent, however, and your time may have run out if it has been a long while.

Check with a probate lawyer in your town. Initial consultations are usually at no cost. Recommendations may be gotten from the TX Bar Association.

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Answered on 8/25/00, 6:32 pm


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