After your loved one dies, you may be named as an heir. Even if you’re grateful to be included in your loved one’s estate plan, you may not know what to do with the succession papers that the estate executor provides.
Don’t Sign the Papers Yet
The succession papers you receive may have been prepared by the executor, another family member, or an attorney. Regardless of who prepared them and how much pressure you feel to sign them quickly, it’s important to talk to your own succession lawyer first.
There could be problems with the succession as presented because:
- The person who prepared the succession failed to identify all wills, property, or heirs
- The person who prepared it wanted to manipulate the estate for personal gain
- The person who prepared it had good intentions but made a legal error
- The papers do not fulfill the decedent’s wishes or comply with Louisiana’s laws of intestacy
What a Lawyer Checks in Succession Papers
Before you sign anything, an experienced succession attorney reviews the specific documents to verify that:
- All heirs are correctly identified under Louisiana law
- All assets — community and separate property — are properly inventoried
- The Detailed Descriptive List accurately reflects the estate’s assets and their values
- The proposed distribution matches what the will says, or what intestacy law requires
- Creditor claims have been properly accounted for before distribution
- The judgment of possession correctly describes the property being transferred
What Your Signature Means Legally
Signing succession papers is not a formality — it is a legal act. Depending on what you sign and in what capacity, your signature may mean that you accept a particular share of the estate, waive certain rights, or consent to the distribution as presented. Once a judgment of possession is entered and the succession closes, reversing errors is significantly more difficult and expensive.
What If You’ve Already Signed?
Even if you have already signed the paperwork, all may not be lost. Depending on the circumstances, an attorney may be able to correct the succession documents and refile with the court. The sooner you consult an attorney after signing, the more options are typically available.
Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to make sure your rights are protected before or after signing succession papers.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.
Protecting Your Rights as an Heir
Your position as an heir carries legal rights that you may not fully understand without guidance. Before you sign any succession document, you have the right to receive an accurate accounting of the estate’s assets, to know what debts are being paid and in what order, and to understand exactly what you are accepting or waiving with your signature. An attorney who represents you specifically ensures those rights are enforced. Scott Law Group represents individual heirs across Louisiana. Call (504) 264-1057 to schedule a consultation before signing succession documents.
Louisiana succession law is unique. Make sure you are working with an attorney who understands it.