Fwd: [FoCHAT] Road Home succession issues

[Rebecca Houtman]

More perspective on the Road Home succession issue:


Subject: RE: [FoCHAT] Road Home succession issues
To: Rebecca Houtman <r.houtman at gmail.com>


Rebecca:
Usufruct is a real right in a property owned by another, normally for a
limited time or until death. Simply stated, it is the right to use the
property, to enjoy the fruits and income of the property, to rent the
property out and to collect the rents, all to the exclusion of the
underlying real or naked owner. The usufructuary has the full right to use
the property but cannot dispose of the property nor can it be destroyed.
Louisiana Law  http://www.meocpa.com/usufruct.html

The requirement of succession should apply only to options 2 & 3 not Option
1.  The problem with RHP is that staffers even at the interview phase have
refused to complete interview until succession was completed.
Usefruct gives real rights to the surviving spouse who are chosing the
option 1 award. Succession should not be an issue however we are seeing
cases in which it is.

Peg Case, Director
TRAC

-----Original Message-----
From: fochat-bounces at thinknola.com [mailto:fochat-bounces at thinknola.com] On
Behalf Of Rebecca Houtman
Sent: Wednesday, March 21, 2007 12:46 PM
To: fochat at thinknola.com
Subject: [FoCHAT] Road Home succession issues

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.
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