TUTORSHIP OF [_COURT_]
[_MINOR_] PARISH OF [_COURT_PARISH_]
DOCKET NO. ____________ STATE OF LOUISIANA
PETITION FOR ADJUDICATION
OF MINOR'S PROPERTY TO PARENT
The petition of [_PARENT_] , formerly married to
[_DECEDENT_] , now deceased, appearing individually and as
the tutrix of the minor child [_MINOR_] , respectfully
represents:
1.
As may be seen by reference to the proceedings in
SUCCESSION OF [_DECEDENT_] , sometimes hereafter called
"decedent", said proceedings bearing probate docket number
[_Doc_#_] of this honorable court, petitioner was married to
decedent, who died on [_DOD_] survived by [_MINOR_] , a minor
child born of the marriage of petitioner and decedent,
sometimes hereafter called "the minor".
2.
As may be seen by reference to proceedings filed
heretofore in this matter, petitioner has been appointed
[_tut_trix_] of the minor, and [_UNDERTUT/TRIX_] was
appointed [_UnderT_] of the minor and both have qualified for
and are presently serving in these positions.
3.
The minor inherited from [_minor_his_her_] [_fath_mother_]
[_dec_his_her_] community one - half interest in the following
described immovable property:
[_Description_]
4.
It is not advantageous for the minor to continue to own an
interest in the above described property because [_reasons_] ,
and it would be in the best interest of the minor if the
property were adjudicated to [_minor_his_her_] surviving
parent, petitioner herein.
5.
Petitioner, in [_par_his_her_] capacity as an individual
asks that the minor's interest in the property described
above be adjudicated to [_par_him_her_] and petitioner, as
[_tut_trix_] of the minor child, recommends that such an
adjudication be made, declaring it to be in the best interest
of the minor.
6.
[_UNDERTUT/TRIX_] as [_UnderT_] of the minor concurs in
petitioner's recommendation, made in [_par_his_her_] capacity
as [_tut_trix_] , as being in the best interest of the minor,
as will be seen by the concurrence annexed hereto.
WHEREFORE PETITIONER PRAYS THAT:
(1) The recommendation made by [_par_him_her_] , set out
above, be homologated,
(2) The court appoint experts to fix, under oath, the
price for the adjudication of the minor's interest in the
property described above to petitioner as an individual in
accordance with article 4361 of the Louisiana Code of
Civil Procedure, and
(3) The minor's interest in said property be adjudicated
to petitioner, as an individual, for the price fixed by
said experts in accordance with law.
[_Firm_Name_]
Attorneys for
[_PARENT_]
[_tut_trix_] of
[_MINOR_]
[_Firm_St_Add_]
[_Firm_City_St_Zip_]
[_Firm_Tel_No._]
BY: _____________________________
[_Attorney_]
BAR ROLL NO. [_Bar_No._]
STATE OF LOUISIANA
PARISH OF [_VERIFY_PARISH_]
BEFORE THE UNDERSIGNED AUTHORITY, personally came and
appeared:
[_PARENT_] , of full age and a resident of [_Par_Parish_]
Parish, Louisiana, appearing in both [_par_his_her_]
individual capacity and as the [_tut_trix_] of the minor
child [_MINOR_] ,
who, after being duly sworn, did depose and say:
That [_par_he_she_] is the petitioner in the above and
foregoing petition, and all the facts, allegations, and
stipulations set out therein contained are true and correct.
THUS SIGNED ON [_Verification_Date_] , in the City of
[_Verify_City_] , Parish of [_Verify_Parish_] , in the presence
of the undersigned Notary Public, qualified in said State and
Parish, after due reading of the whole.
____________________________
____________________________
[_PARENT_] NOTARY PUBLIC
TUTORSHIP OF [_COURT_]
[_MINOR_] PARISH OF [_COURT_PARISH_]
DOCKET NO. ____________ STATE OF LOUISIANA
CONCURRENCE OF [_UNDERT_]
BEFORE ME, the undersigned authority, personally came
and appeared [_UNDERTUT/TRIX_] , [_UnderT_] of the minor
[_MINOR_] , who, after being duly sworn, did depose and say
that [_und_he_she_] has examined the original petition filed
herein and concurs in the recommendation of [_PARENT_] , the
petitioner herein, that the court authorize the adjudication
of the property of the minor child described in the petition
to [_PARENT_] as an individual at a price to be fixed by
experts appointed by the court, all as set out above and in
accordance with law.
____________________________________
[_UNDERTUT/TRIX_]
[_UnderT_]
SWORN AND SUBSCRIBED BEFORE ME THIS [_CONCUR_DATE_] .
______________________________
NOTARY PUBLIC
TUTORSHIP OF [_COURT_]
[_MINOR_] PARISH OF [_COURT_PARISH_]
DOCKET NO. ____________ STATE OF LOUISIANA
ORDER APPOINTING EXPERTS
Considering the petition filed herein by [_PARENT_] , in
both [_par_his_her_] capacity as [_tut_trix_] of the minor
child [_MINOR_] and in [_par_his_her_] individual capacity
and the concurrence therewith of the minor's [_UnderT_] ,
[_EXP_1_] and [_EXP_2_] are appointed experts to fix the
price, under oath, of the adjudication of the property of the
minor, [_MINOR_] described in the petition filed in this
matter to [_PARENT_] , in [_Par_his_her_] individual capacity.
[_Order_City_] , Louisiana, [_order_date_]
____________________________
DISTRICT JUDGE
TUTORSHIP OF [_COURT_]
[_MINOR_] PARISH OF [_COURT_PARISH_]
DOCKET NO. ____________ STATE OF LOUISIANA
REPORT OF EXPERTS
FIXING ADJUDICATION PRICE
BEFORE ME, [_NOTARY_] , a notary public in and for the
Parish of [_Notary_Parish_] , Louisiana, personally came and
appeared:
(1) [_EXP_1_] , of full age and a resident of
[_Exp_1_Par_] , Louisiana, whose address is [_Exp_1_Add_] ,
and
(2) [_EXP_2_] , of full age and a resident of
[_Exp_2_Par_] , Louisiana, whose address is [_Exp_2_Add_] ,
who, being sworn, did depose and say that in accordance with
the order of the [_Court_] in and for the Parish of
[_Parish_] dated [_order_date_] , by which they were ordered
to fix the price of certain property (more fully described
below) owned by [_MINOR_] , a minor child, for the purpose of
adjudicating the property to [_PARENT_] , the minor's
[_Surv_Parent_] , they have examined and inspected said
property and reviewed information relative to its value and
that they do now hereby fix the price of the interest in the
property of the minor [_MINOR_] , for purposes of adjudication
as set out above, at $[_Value_] , said property being:
[_Description_]
THUS SWORN, DONE AND SIGNED on [_Report_date_] at
[_Report_Cit_Par_] , Louisiana.
______________________________
[_EXP_1_]
______________________________
[_EXP_2_]
______________________________
[_NOTARY_]
Notary Public
[_Not_Par_] Parish, Louisiana
TUTORSHIP OF [_COURT_]
[_MINOR_] PARISH OF [_COURT_PARISH_]
DOCKET NO. ____________ STATE OF LOUISIANA
JUDGMENT ADJUDICATING PROPERTY OF
[_MINOR_] , MINOR
TO [_PARENT_]
THE MINOR'S PARENT
Considering the allegations and prayers of the PETITION
FOR ADJUDICATION OF MINOR'S PROPERTY, the CONCURRENCE of the
[_UnderT_] of the minor, the REPORT OF EXPERTS FIXING
ADJUDICATION PRICE, and finding that the adjudication sought
herein is in the best interest of the minor:
IT IS ORDERED, ADJUDICATED AND DECREED THAT:
(1) The recommendation of [_PARENT_] , [_tut_trix_] of the
minor [_MINOR_] be, and it is hereby homologated,
(2) The interest of the minor [_MINOR_] in the following
described property is adjudicated to the minor's parent
[_PARENT_] , said property being:
[_Description_]
(3) The price of this adjudication is that reported by
the experts appointed by the court in this matter, the sum
of $[_Value_] .
(4) This judgment shall be recorded in the mortgage
records and also the conveyance records of the parish of
[_Rec_Parish_] , Louisiana.
JUDGMENT READ AND SIGNED in chambers [_Judg_City_] ,
Louisiana, on [_Judg_date_] .
_____________________________
DISTRICT JUDGE
* * * * * * * * * *
ADJUDICATION OF MINOR'S PROPERTY TO PARENT - F2ADJU: This
form assumes one minor and immovable property inherited from
the minor's deceased parent located in the same parish as the
tutorship proceedings. It also assumes that the parent
requesting the adjudication is also the tutor or tutrix and
that the minor's deceased parent's succession proceedings are
in the same parish as the tutorship. Note the following : (1)
the price for the adjudication should represent gross value
of the property without reduction for debts or encumbrances
or the value of a parental usufruct, see Precastaing v. Globe
Indemnity Co., 176 La. 31, 145 So. 259, 1932; (2) the
adjudication judgment is not effective until recorded in the
mortgage records of the parish in which the property is
located (where it operates as a mortgage and vendor's
privilege against the property adjudicated), LA C.C.P. 4362;
and (3) if the adjudicated property is immovable, the
judgment must also be recorded in the conveyance records of
the parish in which the property is located.
WORD KEY EXPLANATION:
[_COURT_] Court in which proceedings are
filed (example 15TH JUDICIAL
DISTRICT COURT).
[_MINOR_] Full name of the minor.
[_COURT_PARISH_] Parish in which proceedings are
filed.
[_PARENT_] Full name of parent of minor.
[_DECEDENT_] Full name of minor's deceased
parent.
[_Doc_#_] Docket number of the probate
proceedings of minor's deceased
parent.
[_DOD_] Date of death of minor's
deceased parent.
[_tut_trix_] tutor or tutrix, as appropriate.
[_UNDERTUT/TRIX_] Full name of undertutor or
undertutrix.
[_UNDERT_] Undertutor or Undertutrix as
appropriate.
[_UnderT_] same as [_UNDERT_] but not all
caps.
[_minor_his_her_] his or her as appropriate for
minor.
[_fath_mother_] father or mother as appropriate
for minor's deceased parent.
[_dec_his_her_] his or her as appropriate for
minor's deceased parent.
[_Description_] Legal description of the
property to be adjudicated.
[_reasons_] Set out the reasons that justify
the adjudication requested.
[_par_his_her_] his or her as appropriate for
parent.
[_par_him_her_] him or her as appropriate for
parent.
[_Firm_Name_] Name of firm filing pleadings.
[_Firm_St_Add_] Street address of firm.
[_Firm_City_St_Zip_] City, state and zip of firm
address.
[_Firm_Tel_No._] Firm telephone number.
[_Attorney_] Full name of attorney filing
pleadings.
[_Bar_No._] Bar number of attorney filing
pleadings.
[_VERIFY_PARISH_] Parish in which verifying
affidavit is signed.
[_Par_Parish_] Parish in which parent resides.
[_par_he_she_] he or she as appropriate for
parent.
[_Verification_Date_] Date of signing of verification.
[_Verify_City_] City in which verification
signed.
[_Verify_Parish_] Parish in which verification
signed.
[_und_he_she_] he or she as appropriate for
undertutor or undertutrix.
[_CONCUR_DATE_] Date concurrence signed.
[_EXP_1_] Full name of first expert.
[_EXP_2_] Full name of second expert.
[_Order_City_] City in which order naming
experts is signed.
[_order_date_] Date on which order naming
experts is signed.
[_Exp_1_Par_] Parish in which first expert
resides.
[_Exp_1_Add_] Address of first expert.
[_Exp_2_Par_] Parish in which second expert
resides.
[_Exp_2_Add_] Address of second expert.
[_Court_] Name of court (unlike caption,
not all in caps).
[_Parish_] Parish in which court sits
(unlike caption, not all in
caps).
[_Surv_Parent_] Name of surviving parent.
[_Value_] Price of adjudication in
figures.
[_Report_date_] Date of experts' report.
[_Report_Cit_Par_] City and parish of experts'
report.
[_NOTARY_] Name of notary on experts'
report.
[_Not_Par_] Parish of notary on experts'
report.
[_Rec_Parish_] Parish in which property being
adjudicated is located.
[_Judg_City_] City in which judgment signed.
[_Judg_date_] Date on which judgment signed.