Legal Question in Wills and Trusts in Louisiana
Ancillary Succession in Louisiana
My father-in-law passed away Sep 2004 and his estate is not totally settled. Since then, my husband (1 of 10 heirs to his father's estate) passed away in state of Washington. What process do I need to follow to have my husband's portion of his father's estate transferred to me? When does an ancillary succession get opened - before settlement of his father's estate, during or after it's settlement?
2 Answers from Attorneys
Re: Ancillary Succession in Louisiana
Dear Friend,
What the Washington lawyer has told you sounds like good advice to me. Insofar as the Louisiana property is concerned, someone here needs to open a Louisiana ancillary succession to deal with that. Of course, you have an interest in the Louisiana estate, and you can be the one to petition the court to be appointed succession representative (administratrix) to place the heirs, including you, into possession of the Louisiana estate. You can even get paid for your services in representing the Louisiana estate. If a Louisiana succession has already been opened, you need to intervene in it to assert your claim to a portion of your husband's Louisiana estate. The same would apply to the succession (probate) proceeding in Washington; that is, if you are being left out of it in some way or for some reason. There is more to it all than this, but this is something to consider. Best of luck to you!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: Ancillary Succession in Louisiana
Please accept my condolences on your loss.
Have you considered opening a probate here in WA as to your husband's estate? Likely his inheritance is an asset of his estate. Sometimes, a decedent leaves a beneficiary a gift/devise to that person only, but more usually it is to "X, and his heirs per stirpes" and you as his widow would take the gift/devise as your husband's heir.
As to how to present this issue to the court in LA, that's a LA problem and I can't help you with it. Seems logical that you would want a copy of your husband's father's will, and that they would need a certified copy of your husband's death certificate.
Hope this at least gets you started down the right path. Elizabeth Powell