We recently helped a client in St. Landry parish with a succession matter. Their parents had recently passed and they contacted us to assist with filing the succession. We were able to help them get the succession completed in a short amount of time so they could get the family home ready to sell.
Here are some of the issues we helped them overcome:
Was the Will Valid?
Louisiana has special laws regarding wills. There are certain formalities that must be utilized or else the will can be rendered useless. There are two basic types of wills in Louisiana: handwritten and typed. The handwritten type is called an “Olographic Testament” and the typed will is known as a “Notarial Testament.”
The holographic testament or handwritten will must be entirely written, dated and signed in the handwriting of the testator while the notarial testament must be prepared in writing (typed) and dated and executed by following a few rules such as:
- Signed in the presence of a notary
- In front of two competent witnesses
- The testator must declare that the instrument is his testament
- The testator must sign his or her name at the end of the testament and on each other separate page
- The notary and witnesses shall sign a declaration
The will could be held invalid if any of these factors are missed. This is why it’s important to have an attorney draft your will.
We examined the wills and determined them to be valid and were able to move forward with the succession.
Who Becomes the Executor?
The Executor of the Estate is normally determined in the will. You can name a person and have a backup executor just in case your first choice declines or passes away. The parents in our situation chose a child to be the executor and she was able to handle the estate business once we got her named as the Executor of the Estate by the court and obtained Letters of Executrix.
Who Gets What From the Estate?
The will is the instrument that determines which child inherits which property and that’s exactly what happened in this situation. Had there not been a will, Louisiana intestacy law would determine who received what when it came to property.
How Do We Sell the Home?
Many people contact us when they discover they have to complete a succession before selling their parents’ home. They usually find out through the bank or their real estate agent. It’s important to remember that successions take time and we can’t simply get a judgment of possession overnight. It can take weeks or months in some situations to get the paperwork drafted, filed and signed by the judge.
We were able to help our client in St. Landry parish gather the required documents to begin the succession the same day they hired us and began the process immediately. They were on a time constraint because an offer for the home was pending, but the succession had not yet been started.
Our Louisiana succession law firm had the will probated and the property distributed to the children and they were able to sell the home to the buyer while the offer to purchase the home was still active.
If you need a succession attorney in St. Landry Parish send us a message and we will give you a quote and will begin the process immediately. We handle successions in every parish in Louisiana.
Louisiana Succession Attorney
R. Jerome Andries