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Fill and Sign the Louisiana Possession Form

Fill and Sign the Louisiana Possession Form

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SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA PETITION FOR POSSESSION The joint petition of (1) [_CHILD_ONE_] , (2) [_CHILD_TWO_] , (3) [_CHILD_THREE_] and (4) [_CHILD_FOUR_] , all competent, respectfully represents: 1. [_DECEDENT_] who is referred to in this petition as the decedent, died domiciled in [_Died_Parish_] Parish, Louisiana on [_Dec_DOD_] . 2. The decedent died intestate. The decedent was married but once and then to [_SPOUSE_] , who died on [_Sp_DOD_] , predeceasing decedent. Of the marriage between decedent and [_SPOUSE_] four children were born, namely: (1) [_CHILD_ONE_] , (2) [_CHILD_TWO_] , (3) [_CHILD_THREE_] and (4) [_CHILD_FOUR_] . All of decedent's children survived [_dec_him_her_] . [_DECEDENT_] was not the parent of any other child; nor did [_dec_he_she_] ever adopt anyone. 3. Petitioners [_CHILD_ONE_] , [_CHILD_TWO_] , [_CHILD_THREE_] and [_CHILD_FOUR_] desire to be recognized as the sole heirs of the decedent and, as such placed in possession, in the proportion of an undivided one-fourth interest each, of decedent's estate, all in accordance with law, said property being described in the affidavit of valuation annexed hereto. 4. There is no necessity for an administration of the succession of the decedent. It is free from debt except for current expenses and administrative costs shown in the Detailed Descriptive List filed herein. Petitioners obligate themselves personally to pay these debts and accept the succession unconditionally. 5. As will be seen from the Louisiana Inheritance Tax Return and receipt, a copy of which is annexed hereto and made part hereof, all inheritance taxes due the State of Louisiana have been paid. WHEREFORE, PETITIONERS PRAY THAT: Petitioners, [_CHILD_ONE_] , [_CHILD_TWO_] , [_CHILD_THREE_] and [_CHILD_FOUR_] be recognized as the sole heirs of the decedent and, as such placed in possession, in the proportion of an undivided one-fourth interest each, of decedent's estate. [_Firm_Name_] Attorneys for Petitioners [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Tel_No._] BY: _____________________________ [_Attorney_] BAR ROLL NO. [_Bar_No._] STATE OF LOUISIANA PARISH OF [_HEIR_AFF_PARISH_] BEFORE ME, the undersigned authority, duly commissioned and qualified in and for the PARISH OF [_HEIR_AFF_PARISH_] , State of Louisiana. PERSONALLY CAME AND APPEARED: [_AFFIANT_ONE_] , a resident of [_Aff_1_Parish_] Parish, Louisiana, of full age of majority, whose address is [_Aff_1_Add_] , and [_AFFIANT_TWO_] , a resident of [_Aff_2_Parish_] Parish, Louisiana, of full age of majority, whose address is [_Aff_2_Add_] , who after being duly sworn, did depose and say: They were well acquainted with [_DECEDENT_] , sometimes hereafter called decedent, who died domiciled in [_Died_Parish_] Parish, Louisiana on [_Dec_DOD_] . [_DECEDENT_] was married but once and then to [_SPOUSE_] who died on [_Sp_DOD_] , predeceasing decedent. Of the marriage between decedent and [_SPOUSE_] , four children were born, namely: (1) [_CHILD_ONE_] , (2) [_CHILD_TWO_] , (3) [_CHILD_THREE_] and (4) [_CHILD_FOUR_] . All of decedent's children survived [_dec_him_her_] . [_DECEDENT_] did not adopt any person and was not the parent of any child other than those listed above. [_DECEDENT_] died intestate. [_dec_he_she_] made no donations inter vivos nor did [_dec_he_she_] effect any transfer of property for an inadequate consideration, in contemplation of death, nor within one year of [_dec_his_her_] death. _____________________________ [_AFFIANT_ONE_] _____________________________ [_AFFIANT_TWO_] SWORN AND SUBSCRIBED TO BEFORE ME THIS [_HEIR_AFF_DATE_] . _________________________________________ [_HEIR_AFF_NOT_] , NOTARY PUBLIC SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA AFFIDAVIT OF VALUATION AND DETAILED DESCRIPTIVE LIST Before the undersigned Notary or Notaries Public personally appeared: (1) [_CHILD_ONE_] , [_C1_marital_stat_] , whose mailing address is [_C1_Add_] , and whose social security number is [_C1_SS#_] , (2) [_CHILD_TWO_] , [_C2_marital_stat_] , whose mailing address [_C2_Add_] , and whose social security number is [_C2_SS#_] , (3) [_CHILD_THREE_] , [_C3_marital_stat_] , whose mailing address is [_C3_Add_] , and whose social security number is [_C3_SS#_] , and (4) [_CHILD_FOUR_] , [_C4_marital_stat_] , whose address is [_C4_Add_] , and whose social security number is [_C4_SS#_] , who deposed that: They are petitioners in the petition for possession in this matter and all of the allegations contained in it are true and correct. In accordance with the provisions of LSA-R.S. 47:2408A and of Article 3136 of the Code of Civil Procedure, they present to the Court the following detailed descriptive list of all items of property comprising the succession of [_DECEDENT_] , showing the location of all items of succession property and the fair market value of each item at the date of death of the decedent: (1) [_1_Description_] VALUE [1_Value_] (2) [_2_Description_] VALUE [_2_Value_] (3) [_3_Description_] VALUE [_3_Value_] (4) [_4_Description_] VALUE [_4_Value_] TOTAL VALUE OF DECEDENT'S ESTATE [_Total_] DEBTS OF DECEDENT: [_Debt_1_] [_D_1_Amt_] [_Debt_2_] [_D_2_Amt_] TOTAL DEBTS [_Tot_Debt_] The decedent made no donations or transfers of property for an inadequate consideration within one year prior to [_dec_his_her_] death, and [_dec_he_she_] did not transfer any property prior to that time in contemplation of death or in avoidance of taxes. THUS SIGNED ON [_Val_Date_] at [_Val_City_] , [_Val_Parish_] Parish, Louisiana, in the presence of the undersigned Notary Public, qualified in said State and Parish, and the undersigned competent witnesses, who have signed with the parties after due reading of the whole. WITNESSES: ____________________________ ______________________________ [_CHILD_ONE_] ____________________________ ______________________________ [_CHILD_TWO_] ______________________________ [_CHILD_THREE_] ______________________________ [_CHILD_FOUR_] _________________________________ [_VAL_NOTARY_] , NOTARY PUBLIC SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. _______________ STATE OF LOUISIANA JUDGMENT OF POSSESSION On considering the petition of the children and heirs of the decedent herein to be recognized as such, and sent into possession of the decedent's estate, satisfactory proof having been submitted to the Court that all inheritance taxes due to the State of Louisiana have been paid, and that there is no necessity for an administration of this succession, the law and evidence being in favor of petitioners for reasons this day orally assigned: IT IS ORDERED, ADJUDGED AND DECREED THAT (1) [_CHILD_ONE_] , (2) [_CHILD_TWO_] , (3) [_CHILD_THREE_] and (4) [_CHILD_FOUR_] be recognized as the sole heirs of the decedent and, as such placed in possession, in the proportion of an undivided one-fourth interest each, of decedent's property, said property being: (1) [_1_Description_] (2) [_2_Description_] (3) [_3_Description_] (4) [_4_Description_] IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any individual, corporation or institution having any other money, credits, stock, rights or property belonging to decedent is directed to deliver same to the heirs of decedent in accordance with the terms of this judgment, or to make such disposition of same as may be directed by said heirs. JUDGMENT READ, RENDERED AND SIGNED in Chambers at [_Judg_City_] , [_Judg_Parish_] Parish, Louisiana, on [_Judg_Date_] . __________________________________ DISTRICT JUDGE * * * * * * * * * * SECOND SPOUSE INTESTATE - PETITION, AFFIDAVIT OF HEIRSHIP, AFFIDAVIT OF VALUATION AND JUDGMENT OF POSSESSION - F2ANTES2 : See C.C.P. 3001 et seq. This form covers the death of the second spouse to die (for first, see F2ANTES1). Succession is accepted unconditionally, but see LA R.S. 9:1421. A Louisiana Inheritance Tax Return would also be needed in most cases, and in some cases a federal Estate Tax Return will be required. Social Security numbers of heirs are shown in the affidavit of valuation. These will be needed for the Louisiana Inheritance Tax Return. See also "GENERAL NOTES" in F2FINDME. WORD KEY EXPLANATION [_COURT_] Court in which proceeding filed. [_DECEDENT_] Full name of decedent. [_COURT_PARISH_] Parish where filed. [_CHILD_ONE_] Name of first child. [_CHILD_TWO_] Name of second child. [_CHILD_THREE_] Name of third child. [_CHILD_FOUR_] Name of fourth child. [_Died_Parish_] Parish of decedent's domicile at death [_Dec_DOD_] Decedent's date of death. [_SPOUSE_] Name of decedent's deceased spouse. [_Sp_DOD_] Date of spouse's death. [_dec_him_her_] Him or her, as appropriate for decedent. [_dec_he_she_] He or she, as appropriate for decedent. [_Firm_Name_] Name of law firm. [_Firm_St_Add_] Law firm street address. [_Firm_City_St_Zip_] Law firm city, state and zip code. [_Firm_Tel_No._] Telephone number of law firm. [_Attorney_] Name of attorney signing pleading. [_Bar_No._] Attorney's bar number. [_HEIR_AFF_PARISH_] Parish in which heirship affidavit is signed. [_AFFIANT_ONE_] Name of first affiant. [_Aff_1_Parish_] Parish in which first affiant resides. [_Aff_1_Add_] Address of first affiant. [_AFFIANT_TWO_] Name of second affiant. [_Aff_2_Parish_] Parish in which second affiant resides. [_Aff_2_Add_] Address of second affiant. [_Court_Parish_] Parish of decedent's domicile at death. [_dec_his_her_] His or her, as appropriate for decedent. [_HEIR_AFF_DATE_] Date heirship affidavit signed. [_HEIR_AFF_NOT_] Notary signing heirship affidavit. [_C1_marital_stat_] Marital status of child one. [_C1_Add_] Address of child one. [_C1_SS#_] Social Security Number of child one. [_C2_marital_stat_] Marital status of child two. [_C2_Add_] Address of child two. [_C2_SS#_] Social Security Number of child two. [_C3_marital_stat_] Marital status of child three. [_C3_Add_] Address of child three. [_C3_SS#_] Social Security Number of child three. [_C4_marital_stat_] Marital status of child four. [_C4_Add_] Address of child four. [_C4_SS#_] Social Security Number of child four. [_1_Description_] Description, first asset. [_1_Value_] $ value, 1st asset. [_2_Description_] Description, 2nd asset. [_2_Value_] $ value, 2nd asset. [_3_Description_] Description, 3rd asset. [_3_Value_] $ value, 3rd asset. [_4_Description_] Description, 4th asset. [_4_Value_] $ value, 4th asset. [_Total_] $ total value, assets. [_Debt_1_] Creditor, 1st debt. [_D_1_Amt_] $ amount, 1st debt. [_Debt_2_] Creditor, 2nd debt. [D_2_Amt] $ amount, 2nd debt. [_Tot_Debt_] $ total of all debts. [_Val_Date_] Date of affidavit of valuation. [_Val_City_] City where affidavit signed. [_Val_Parish_] Parish in which affidavit is signed. [_VAL_NOTARY_] Notary signing this (valuation) affidavit. [_Judg_City_] City in which judgment of possession signed. [_Judg_Parish_] Parish in which judgment of possession signed. [_Judg_Date_] Date on which judgment of possession signed.

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