Legal Question in Wills and Trusts in Louisiana
Is a Judgment of Possession required in Louisiana for a surviving spouse to have the testate deceased spouse's property placed in surviving spouse's name? Or does the Last Will and Testament put the property under surviving spouse's name?
2 Answers from Attorneys
You must probate the will and have a Judge sign a Judgment of Possession. If the estate is relatively free from debt and will not require administration, it is not very expensive to do. Just about any attorney who practices general civil litigation can handle it and most will do it for a flat fee if no administration is required.
It will be necessary for there to be a jugment of possession rendered in the deceased spouse's succesion in order to put the heirs in possession of the property in accordance with the provisions of the will. If the property is community property, the surviving spouse is entitled to an undivided one-half interest of all the community propery that existed as of the death of the decedent spouse.
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What is the time limit to contest a succesion in louisiana? Asked 1/12/12, 12:24 pm in United States Louisiana Probate, Trusts, Wills & Estates