Legal Question in Wills and Trusts in Louisiana
What exactly is a succession in the state of Louisiana? My dad recently passed away, he didn't have a will, my mom is still alive, and we are five children. What exactly would we need to do and what first to be done?
2 Answers from Attorneys
A succession is the legal mechanism which allows property to be inherited. Since your father did not leave a will, Louisiana law provides that all community property will be divided in half with one half belonging to your mother and one half belonging to the five children. However, the law gives your mother lifetim use of all community property. This allows her to use or sell any movable property-cash, cars, CDs, etc. She cannot sell or dispose of any real property-land, house, without all five children agreeing in writing. A succession would have to be filed before this can be done. If your father had separate property-bought before the marriage or inherited from his family that would go totally to his children. Again a succession would have to be filed. Find an attorney you trust.
File a Petition for Possession.