Asked in Probate for Louisiana

Q: My father passed 14 months ago. He had no will. Who's responsible for estate? Me or his common law wife

Lived with her 20 yrs in her house but not legally married

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2 Lawyer Answers
Mr. James Zitzmann
Mr. James Zitzmann
Answered
  • Probate Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Louisiana does not have common law marriage but will recognize common law marriages from other states. You would need to determine this first. However, you can file a petition to open the succession yourself since you're an heir.

Christie Tournet
Christie Tournet
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: contact counsel well versed in probate. It depends on nature of property - community or separate and what do you mean "responsible" - who inherits? Or, is the estate burdened with debt? If that is the case, no-one may want to open succession. And, depending upon value of estate, you may not have to judicially open.

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