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Succession in Louisiana

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S

swileyward

Guest
What is the name of your state? Louisiana
My mother in law passed in December 2000. My husband's brother called us and read to us what her will said. I called her attorney's office and requested a copy of her will. They sent me a will that was written in 1993. I know she had made a new one since then. The one I received doesn't look right to us for several reasons. We moved back to Louisiana into her house because another brother stayed with his Mom and he needs to be looked after. There has been a few other things I have found out. We were told his mother didn't have any insurance for buriel or life. I know that his mother has been making pyments monthly to the funeral home for years!! Her cemetery plot was paid for in 1985. I have found cancelled checks to a life insurance company because we know she had some life insurance. At this point no petition has been filed for succession or anything !! The mortgage and the utilities are still in her name but we are paying the bills. What should be done? We don't know what the legal ramifications of his less than honest siblings could be? We also want to know my mother in law was married twice there are two children from her first marrraige. My husband is the oldest son from the second marraige. The house was purchasd by her second husband my husbands father. He passed in 1980 there was no will or succession filed either.
 


Dandy Don

Senior Member
Unless there is someone living in the home, then there is no need to continue paying the utilities and the mortgage. These expenses are now officially the responsibility of the executor of the estate--you may want to continue paying them for a month or 2, just to avoid complications for the executor, but you can request reimbursement from the executor/estate for any appropriate expenses that occur after the date of death.

Contact the life insurance companies to find out who the beneficiaries of the policies are.

You may want to consider placing a small classified ad in the local newspaper asking for a will search for JANE DOE's last will and testament, or call every probate attorney in the city to ask if they have her will on file in their office.

Contact the funeral home to find out exactly what the name of the company is that has her burial policy and exactly what the financial arrangements are.

What is the estimated total value of her estate?

All of her children should be named as a beneficiary, since they are all entitled to receive something from the estate.

The will is normally supposed to be filed within 30 days after the death occurs, so if for some reason they are stalling in getting it filed, then your husband should go down to the courthouse to file paperwork to become the adminstrator of the estate, and when the other side finds out about THAT then they at least will respond by filing the will that they have in order to replace him as executor.

DANDY DON
 

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