Legal Question in Wills and Trusts in Louisiana
No Will & SuccessionMy dad died in 1975.
My dad died in 1975 without a will in Miss.HE owned a house in La.My mother died in 1995 in La.She left a will leaving house to a person she met prior to her death.I already no about the La. law stating forced heir but my question is If my father died w/out will and my mother never did a succession prior to her death on the house located in La,and it was still in his name at her death,how can a succession be done for her after her death? How can she will a house to some one if its not hers? Would not the house go to me being the next of kin? The attorney handling this for the executress and even my attorney had us to do a succession. Can some one please help.
1 Answer from Attorneys
Re: No Will & SuccessionMy dad died in 1975.
In order to pass full and valid title to the property, your father's succession (or at least what is called an ancillary succession in Louisiana) would have to be opened. There is no problem in waiting for many years, however, to undertake this task. So it is entirely possible that your father's succession would not be opened until after your mother's death in 1995. This happens frequently.
If the house was community property at the time of your father's death, then ownership of his share of the house (presumably, 1/2) would have passed to his children at the time of his death, subject to your mother's right to use the house for the rest of her life. (If your
parents lived in Mississipppi and were not subject to community property laws, then you would have to consult Mississippi law on this issue.)
Perry Staub
Taggart Morton
2100 Energy Centre
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