Legal Question in Wills and Trusts in Louisiana

When there is not a Will

My father-in-law died recently and my husband is an only child. Not that he had alot, we are having all kinds of trouble getting any of what he had because he had no will. We do not have the money to hire a lawyer until after we get what little money there is to get. Where do you go from here? They said we needed a Succession.


Asked on 5/26/01, 2:10 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: When there is not a Will

First, before going into a lot of legal jargon, I would need to know a list of things in your father-in-law's estate: did he own any real estate? did he have stocks or bonds? did he have bank accounts? Did he own a car(s)/boat(s)? Are all these things within the State of Louisiana? Was he married at the time of his death? Did he have any debts, unpaid bills, mortgages or judgments against him at the time of his death? If he owned real estate, was it just in his name?

A full-blown court succession will be necessary to transfer ownership of real estate and/or property with a value greater than $50,000.00. If your father-in-law did not own any real estate and if his estate value (gross) is less than $50,000.00 you may be able to do a "streamlined" version of succession. Once I know the details of what he had in his estate, I can tell you whether you need to do a full-scale succession in court?

I often handle successions in which I agree to wait for my fee until after the succession is complete, taking my fee and costs from the funds/liquidation of assets from the estate. The client is responsible for paying all costs and any taxes (inheritance, penalties, etc.) in addition to my fees. If the estate is relatively small and uncomplicated the fees and costs are less than for doing a large, full-blown succession.

I would be happy to discuss the details further, should you care to contact me.

Richard P. Lemmler, Jr.

(504) 891-8809

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Answered on 6/25/01, 11:46 am


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