[FoCHAT] Road Home succession issues

[Rebecca Houtman]

Hello FoCHAT,
I received the following information today, regarding when/whether a
succession is required:

Hello all,

I received a fax today from Brian Lenard of Southeast Louisiana Legal
Services with important information for our clients.

He says with certainty that:

A succession must be done where the decedant had a will.

A succession does not need to be done where the person has been
deceased more than ten years and died without a will.  In that case an
affidavit of death and heirship will need to be filed in the
conveyance records instead.

He is unclear about the final decision on whether a person who died
without a will and has been dead less than ten years needs a
succession done or just an affidavit of death and heirship done.

Many people may think they need a succession, but 1st American is not
requiring them in many cases.

EVEN THOUGH IT WILL DELAY THINGS, HIS STRONG ADVICE IS THAT CLIENTS
GET NO LEGAL WORK UNTIL 1ST AMERICAN HAS REVIEWED THE SITUTION AND
DETERMINED THEY NEED IT.

The process is that clients will be referred by 1st American once they
determine the client has a title problems that they are unable to
resolve.  1st American will send the client to Southeast La. Legal
Services' Hammond office and they will help the client close to home.
All of their services are free.

This information should be available to Road Home counselors shortly.