Q: About 2 years ago my siblings and I did a succession for my deceased parents. What happens if a sibling is deceased?
Will I have to do another succession for the deceased sibling or do the surviving spouse/children have to do it?
A: Usually, a surviving spouse handles the succession of the deceased spouse. If both are deceased, their children open the succession. If there are no children, but surviving siblings, they would usually open the succession. In Louisiana, a creditor may also open a succession if no heir or relative does so and debts are unpaid. And, if there is a Will, the Will may name an executor who would be the logical person to handle the succession.
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A: Any interested party has the right to open a succession, but usually the surviving spouse and/or children do so.
A: It depends. While anyone may open succession, generally those standing in line to inherit do so. Thus, what will happened during a Succession as to your sibling's property depends upon the nature of the property - was it community or separate? And, did the sibling have a Will. Getting with counsel local to you and well versed in successions will assist in addressing these factors and obtaining a more precise recommendation for proceeding.
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