Legal Question in Wills and Trusts in Louisiana
forcing a succesion
What would be the best way to force a partition and succesion of a grandparent? 2 of the 3 heirs live in other states and they have each tried to divide things the way they thought was correct but they haven't settled the estate.
1 Answer from Attorneys
Re: forcing a succesion
Any interested person--whether an heir or total stranger--can open a succession for a deceased person. Likewise, a partition can be sought by filing the proper pleadings, paying the filing fees and following through with all necessary pleadings--you're just going to have to hire & pay a lawyer (unless you're willing to try & do it yourself) to do the work. Unfortunately, there is not going to be anything "magical" or efficient about a partition and/or "forced" succession. If 2 of 3 heirs cannot agree amicably without court proceedings, chances are high that 2 of 3 will not agree with court proceedings and while legal fees are adding up. Whether you go to court or not, everyone is eventually going to have to agree with how things are divided up and probably not everyone is going to like the actual division. It's simply a matter of whether everyone wants to pay legal fees and court costs as well before reaching a division. Good luck...
Richard Lemmler, Jr.
R.P. Lemmler, Jr., Attorney At Law
2538 General Pershing Street
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