How long does it take to acquire a Judgement of Possession and what is the approximate cost?

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How long does it take to acquire a Judgement of Possession and what is the approximate cost?

I inherited my father’s share of heir property. The company responsible for disbursing the royalties asked, and I have submitted all the necessary paperwork (affidavit of death & heirship, & succession). Now, they require a Judgement of Possession. Would it be best to hire a Texas lawyer or Louisiana lawyer to handle this? Would it be quicker and/or helpful for me to do much of the “leg work” for this process? And, what is the approximate cost for a Judgement of Possession?

Asked on July 18, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may need to speak with an attorney in Lousiana, which is where I am assuming that the inherited property lies. In Louisiana, the judgment of possession is rendered in succession proceedings. It is a judgment in a succession procedure which recognizes who are the heirs or legatees of the decedent and transfers all of the property to those heirs or legatees. The heirs, legatees, surviving spouse or usufructuary of the deceased can apply to the court for a judgment of possession. The judgment of possession once issued shall be prima facie evidence of the relationship to the deceased of the parties recognized therein, as heir, legatee, surviving spouse in community, or usufructuary, as the case may be, and of their right to the possession of the estate of the deceased.[La. C.C.P. Art. 3062]. It recognizes petitioners who apply to the court for a judgment of possession as the heirs, legatees, surviving spouse in community, or usufructuary, as the case may be, of the deceased, send the heirs or legatees into possession of the property owned by the deceased at the time of his death, and recognize the surviving spouse in community as entitled to the possession of an undivided one-half of the community property, and of the other undivided one-half to the extent that he has the usufruct thereof.[ La. C.C.P. Art. 3061].  Good luck.


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