Legal Question in Wills and Trusts in Louisiana

Succession

My mother died on December 30, 2001. She resided in Louisiana. Can someone tell me what is the time limit for filing a succession on her estate? I have heard 3 months and 6 months. Thanks.

Asked on 2/05/02, 10:37 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law
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Re: Succession

There is effectively no time limit for filing a succession in Louisiana--generally, one can do so within 30 years (time for "acquisitive prescription" (i.e., statute of limitations) on real estate). Many times, families will wait after one parent dies until the second parent dies to do both successions. HOWEVER, the Louisiana Department of Revenue begins assessing interest on inheritance taxes that are due after NINE (9) MONTHS from the date of death. So, you have 9 months from the date of death to file and complete a succession in Louisiana to avoid interest on inheritance taxes. If there are no inheritance taxes due (i.e., small estate and/or many heirs with exemptions), the 9 month limit really has no importance--you should be able to do so later.

Without knowing the particular circumstances of your case, it is impossible for me to say with certainty or accuracy that these things will apply to you. Therefore, it is highly recommended that you pay to consult with an attorney qualified to handle such matters in order to get accurate and meaningful advice.

Good luck...

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2/06/02, 9:26 am

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