Louisiana  |  Wills and Trusts

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11/12/09, 8:09 pm

Legal Question


My wife's father died in Louisiana last year. His sister made the funeral arrangements and filled out a form at the funeral home stating he had no children. She claimed to be the only living relative. How do we find out if the was a will? If there was no will, what are our rights to his estate?


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11/18/09, 4:53 pm

Legal Answer


You can search the local clerk of court's office to see if a succession has been opened. You can also file a request for notice if any succession is opened in the future, so that the clerk will notify you. Any attorney familiar with succession law can do that for you as well. If there is no will, each of his children inherit in equal portions, subject to a usufruct in favor of his surviving spouse. If there is a will, your wife is entitled to see it and traverse it.

Adam Lambert

The Law Office of Adam S. Lambert 3531 Plymouth Pl. New Orleans, LA 70131

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