wrong domicile

[kc5mfu]

What is the name of your state (only U.S.) Louisiana
What happens when there is a mistake with an heir's domicile in the legal succession paperwork?

 

[LdiJ]

What is the name of your state (only U.S.) Louisiana
What happens when there is a mistake with an heir's domicile in the legal succession paperwork?

Are you saying that the paperwork has a wrong address for the heir?

 

[kc5mfu]

Are you saying that the paperwork has a wrong address for the heir?

That is correct

 

[Ohiogal]

That is correct

The court needs informed of the correct address ASAP

 

[latigo]

What is the name of your state (only U.S.) Louisiana
What happens when there is a mistake with an heir's domicile in the legal succession paperwork?

I fail to see how individual domicile has anything to do with Louisiana's intestate succession laws, but if you believe otherwise, please explain with annotations.

Moreover, how would one know that a mistake actually occurred without having subsequently discovered the heir's true address and performed the simple task of amending the "paperwork"? Not exactly a brain-twister here.

 

[kc5mfu]

I fail to see how individual domicile has anything to do with Louisiana's intestate succession laws, but if you believe otherwise, please explain with annotations.�Moreover, how would one know that a mistake actually occurred without having subsequently discovered the heir's true address and performed the simple task of amending the "paperwork"? Not exactly a brain-twister here.

latigo:

I did not mention whether the succession was intestate or testate, nor do I know if it makes a difference. Unless I am wrong "succession" is a legal proceeding (Louisiana Civil Code Article 871). With that being said, shouldn't everything be true and correct at the time? Not exactly a brain twister here either.

 

[Silverplum]

latigo:

I did not mention whether the succession was intestate or testate, nor do I know if it makes a difference. Unless I am wrong "succession" is a legal proceeding (Louisiana Civil Code Article 871). With that being said, shouldn't everything be true and correct at the time? Not exactly a brain twister here either.

So you want to disinherit a beneficiary and are attempting to use the reason that s/he moved and the will/etc was not updated?

 

[latigo]

. . . . shouldn't everything be true and correct at the time? Not exactly a brain twister here either.

What is the purpose of your asking other than nitpicking. Substance always prevails over form in any legal proceeding. The substance here would be the true identity of the successor (testate of intestate) not where he or she happens to be living.

And obviously the true identity of your mentioned "heir" is known or you wouldn't be able to associate him or her in any specific location, correct or otherwise.

If you are looking for an opinion that the legal right of the otherwise proper person to claim succession to given property held in a descendant's estate should fail or is somehow jeopardized because someone was mistaken as to his or her address, look elsewhere!

 

[colourfastt]

I did not mention whether the succession was intestate or testate, nor do I know if it makes a difference. Unless I am wrong "succession" is a legal proceeding (Louisiana Civil Code Article 871). With that being said, shouldn't everything be true and correct at the time? Not exactly a brain twister here either.

Louisiana succession definitions: intestate = heirs; testate = legatees.

And there is a great difference between intestate and testate successions. If there is a will, then it needs to be submitted for probate. If not, then there are 2 possible options. If the decedent's gross estate is valued in excess of $75,000 then a judicial succession would have to opened; if the gross estate is less than $75,000 then a notary can do a small succession affidavit.

Now, getting back to your original post: regardless of whether it's an intestate or testate succession, if a correction needs to be made to an heir's/legatee's information then do it .. pronto. Oh .. and domicile and residence are not the same in Louisiana.