Lake Charles, LA asked in Probate for Louisiana

Q: What happens when a succession is in probate and the surviving spouse dies before it is finished?

2nd marriage for both. She wasn't left anything in his will except usufruct.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Based on your post, the need for the usufruct no longer exists and the people who are supposed to received the property subject to a usufrust no longer have to worry about the usufruct. That said, I recommend that you contact a probate/succession attorney in your area and have a specific consult to discuss the current situation---this includesa review of the deceased's will to verify your reading is correct. Also, if there was property owned in division with the survigin, now deceased spouse, then a discussion with what happens with that property and/or her portion. Good luck.

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