Fill and Sign the Petition Verification Form

SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA PETITION FOR AUTHORITY TO PAY INTERIM ALLOWANCES To the honorable, the [_COURT_] in and for [_COURT_PARISH_ PARISH, Louisiana: The petition of: (1) [_LEGATEE_ONE_] , of full age of majority, whose marital status is [_Legatee_1_MS_] , and whose address is [_Legatee_1_Add_] , (2) [_LEGATEE_TWO_] , of full age of majority, whose marital status is [_Legatee_2_MS_] , and whose address is [_Legatee_2_Add_] , (3) [_LEGATEE_THREE_] , of full age of majority, whose marital status is [_Legatee_3_MS_] , and whose address is [_Legatee_3_Add_] , (4) [_LEGATEE_FOUR_] , of full age of majority, whose marital status is [_Legatee_4_MS_] , and whose address is [_Legatee_4_Add_] , and (5) [_EXEC_TRIX_NAME_] appearing as the duly appointed and qualified [_exec_trix_] of this succession with respect represents: 1. As will be seen from pleadings and exhibits filed heretofore in these proceedings, [_DECEDENT_] (sometimes hereafter called "decedent") died testate domiciled in [_Parish_Died_] Parish, Louisiana, on [_DOD_] . 2. As will be seen from decedent's will, filed and probated heretofore and the AFFIDAVIT OF DEATH AND HEIRSHIP, filed heretofore, petitioners, [_LEGATEE_ONE_] , [_LEGATEE_TWO_] , [_LEGATEE_THREE_] and [_LEGATEE_FOUR_] are all of the legatees of decedent and, together, will inherit decedent's entire estate. 3. This succession is [_Admin_Reasons_] and will take time to administer and petitioners are without sufficient funds to support themselves during said administration making it - 1 - necessary that petitioners be paid an interim monthly allowance for their support for a period of [_Allow_Period_] , which is the time needed for the completion of the administration of this succession, in amounts as follows: PARTY MONTHLY ALLOWANCE [_LEGATEE_ONE_] $ [_Legatee_1_Sum_] [_LEGATEE_TWO_] $ [_Legatee_2_Sum_] [_LEGATEE_THREE_] $ [_Legatee_3_Sum_] [_LEGATEE_FOUR_] $ [_Legatee_4_Sum_] 4. Each of the four legatees named in the foregoing paragraph understands and agrees that the total sum the legatee is to receive in the monthly allowance payments sought herein is a portion of whatever legacy the legatee will ultimately receive from this succession and each individual's ultimate legacy will be reduced by the amount received through such payments and each has verified this petition and acknowledged this fact. 5. As will be seen from the Detailed Descriptive List filed heretofore herein, the succession is solvent, has no debts other than administrative costs and has funds on hand sufficient to pay these allowances. 6. Petitioners annex a Partial Louisiana Inheritance Tax Return and receipt showing that all Louisiana Inheritance Taxes have been paid on $[_Amount_Taxed_] , which sum represents the total of all allowance payments that will be paid to petitioners over a period of one year, the time needed to complete the administration of this succession, said inheritance tax having been paid at the maximum rate in accordance with Louisiana Code of Civil Procedure article 2951. @@@@@ALTERNATE PARAGRAPH 6@@@@@ - 2 - The Affidavit of Valuation cited above shows that the assets of this succession are of such value and are so invested that the income being produced by them is more than sufficient to pay the allowances being sought here and the payment of such allowances would in no way reduce the total value of this estate below that shown in said affidavit. 7. As the [_exec_trix_] of this succession has joined in this petition, there is no need for a contradictory hearing under Louisiana Code of Civil Procedure Article 3372. WHEREFORE PETITIONERS PRAY THAT: (1) Notice of the filing of this petition be published in accordance with Louisiana law and particularly Louisiana Code of Civil Procedure article 3321, and (2) Upon proof that no opposition has been timely made to the payment of the allowances sought herein, [_EXEC_TRIX_NAME_] , [_exec_trix_] of this succession, be authorized and instructed to pay monthly allowances to petitioners herein for a period of twelve months, said allowances to be in amounts as follows: PARTY MONTHLY ALLOWANCE [_LEGATEE_ONE_] $ [_Legatee_1_Sum_] [_LEGATEE_TWO_] $ [_Legatee_2_Sum_] [_LEGATEE_THREE_] $ [_Legatee_3_Sum_] [_LEGATEE_FOUR_] $ [_Legatee_4_Sum_] [_Firm_Name_] Attorneys for [_LEGATEE_ONE_] , [_LEGATEE_TWO_] [_LEGATEE_THREE_] [_LEGATEE_FOUR_] , and [_EXEC_TRIX_NAME_] [_exec_trix_] and legatees, SUCCESSION OF [_DECEDENT_] [_Firm_St_Add_] [_Firm_City_State_Zip_] BY:___________________________ [_ATTORNEY_] - 3 - BAR ROLL NO. [_Bar_No._] ORDER Considering the above petition: Let notice of this petition to pay interim allowances as outlined in said petition be published in accordance with law. [_Notice_Order_City_] , Louisiana, [_Notice_Order_Date_] . _____________________________ JUDGE - 4 - SUCCESSION OF [_COURT_] [_DECEDENT_] [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA VERIFICATION OF PETITION BE IT KNOWN that on the day and date set out hereafter, and in the presence of the undersigned Notary Public and the undersigned good and competent witnesses, PERSONALLY CAME AND APPEARED: (1) [_LEGATEE_ONE_] , of full age of majority, whose marital status is [_Legatee_1_MS_] , and whose address is [_Legatee_1_Add_] , (2) [_LEGATEE_TWO_] , of full age of majority, whose marital status is [_Legatee_2_MS_], and whose address is [_Legatee_2_Add_], (3)[_LEGATEE_THREE_], of full age of majority, whose marital status is [_Legatee_3_MS_] , and whose address is [_Legatee_3_Add_] , (4) [_LEGATEE_FOUR_] , of full age of majority, whose marital status is [_Legatee_4_MS_] , and whose address is [_Legatee_4_Add_] , and (5) [_EXEC_TRIX_NAME_] appearing as the duly appointed and qualified [_exec_trix_] of this succession who, after being duly sworn, did depose and say: That they are the petitioners in the above and foregoing petition, and that all of the facts, allegations and stipulations therein contained are true and correct. THUS DONE AND SIGNED at [_Verify_City_] , [_Verify_Parish_] Parish, Louisiana, the parties hereto having affixed their signatures in the presence of me, Notary, and the undersigned witnesses, on [_Verify_Date_] , after due reading of the whole. WITNESSES: ______________________________ [_LEGATEE_ONE_] ______________________________ [_LEGATEE_TWO_] - 5 - ______________________________ [_LEGATEE_THREE_] ______________________________ [_LEGATEE_FOUR_] ______________________________ [_EXEC_TRIX_NAME_] _____________________________________ NOTARY PUBLIC [_Verify_Parish_] Parish, Louisiana - 6 - NOTICE [_COURT_] STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] PROBATE NO. _______ SUCCESSION OF [_DECEDENT_] NOTICE IS GIVEN that [_EXEC_TRIX_NAME_] , [_exec_trix_] of the Succession of [_DECEDENT_] , is applying for authority pay to the sole heirs and legatees of [_DECEDENT_] allowances for a period of [_Allow_Period_] . An order authorizing [_exec_him_her_] to do so may be issued after ten days from the date of the publication of this notice. An opposition to the application may be filed at any time prior to the issuance of such an order. By Order of the Court, ______________________________ CLERK OF COURT - 7 - CERTIFICATE OF PUBLICATION AND OF NO OPPOSITION STATE OF LOUISIANA PARISH OF [_COURT_PARISH_] BEFORE ME, the undersigned Notary Public, personally came and appeared ___________________ , CLERK OF COURT of [_COURT_PARISH_] PARISH, LOUISIANA, who deposed and said that as will be seen by the Affidavit of Publication annexed hereto, notice of the filing of the [_exec_trix_] 's application in this matter to pay interim allowances was published in the [_Paper_Name_] , a newspaper published daily in the City of [_City_Published_] , [_Parish_Published_] Parish, Louisiana, on [_Publish_Date_] , that more than ten days have elapsed since the publication of said notice, and that no opposition to the application has been filed. __________________________________ CLERK OF COURT SWORN AND SUBSCRIBED TO BEFORE ME THIS _____ day of _______________ , 20 _____ . _____________________________ NOTARY PUBLIC - 8 - SUCCESSION OF [_COURT_] [_DECEDENT_] PARISH OF [_COURT_PARISH_] PROBATE NO. ____________ STATE OF LOUISIANA ORDER AUTHORIZING THE PAYMENT OF ALLOWANCES This matter was heard on the petition of the [_exec_trix_] and all legatees and heirs of this succession for payment of interim allowances. The Court considered the allegations of petition and [_Condition_] . Finding the law and evidence to be in favor of the petitioners, that notice has been published in accordance with law and that no opposition has been made, and for reasons this day orally assigned: IT IS ORDERED, ADJUDGED AND DECREED that [_EXEC_TRIX_NAME_] , [_exec_trix_] of this succession, be and [_exec_he_she_] is hereby authorized and directed to pay monthly allowances for [_Allow_Period_] to petitioners herein as follows: PARTY MONTHLY ALLOWANCE [_LEGATEE_ONE_] $ [_Legatee_1_Sum_] [_LEGATEE_TWO_] $ [_Legatee_2_Sum_] [_LEGATEE_THREE_] $ [_Legatee_3_Sum_] [_LEGATEE_FOUR_] $ [_Legatee_4_Sum_] The [_exec_trix_] shall continue to administer the remainder of this succession. [_Order_City_] , Louisiana, [_Order_Date_] . __________________________________ DISTRICT JUDGE * * * * * * * * * * PAYMENT OF ALLOWANCES - PETITION, VERIFICATION, NOTICE AND ORDER TO PAY INTERIM ALLOWANCES - F2AALLOW : For authority, see C.C.P. 3321. This form assumes that the executor or executrix and all legatees and heirs join in asking for allowances, and that all appear as petitioners. There is no - 9 - specific requirement that inheritance taxes be paid on allowances, but taxes would seem to be due under C.C.P. 2951 if allowances are part of an inheritance or legacy. This is the position taken in paragraph 6. (Note that Louisiana Inheritance Taxes must be paid at the highest rate in accordance with C.C.P. 2951.) Alternate paragraph 6 attempts to provide for the situation in which allowances are being paid out of income on the estate's assets rather than out of the assets themselves. Also, the code does not set a time limit on the payment of allowances as is done in these forms, but it is suggested as one of the ways to protect the executor or executrix who, in any event, must be protected from a situation in which payment of allowances ends up interfering with the payment of debts of the succession or inheritance or estate taxes. See also "GENERAL NOTES" in F2FINDME. WORD KEY EXPLANATION [_COURT_] Name court in which action filed. [_DECEDENT_] Full name of decedent. [_COURT_PARISH_] Parish where filed. [_LEGATEE_ONE_] Name of first legatee. [_Legatee_1_MS_] Marital status. [_Legatee_1_Add_] Address of first legatee. [_LEGATEE_TWO_] Name of second legatee. [_Legatee_2_MS_] Marital status. [_Legatee_2_Add_] Address of second legatee. [_LEGATEE_THREE_] Name of third legatee. [_Legatee_3_MS_] Marital status. [_Legatee_3_Add_] Address of third legatee. [_LEGATEE_FOUR_] Name of fourth legatee. [_Legatee_4_MS_] Marital status. [_Legatee_4_Add_] Address of fourth legatee. [_EXEC_TRIX_NAME_] Name of executor or executrix of succession. [_exec_trix_] Executor or executrix as appropriate. [_Parish_Died_] Parish in which decedent died. [_DOD_] Decedent's date of death. [_Admin_Reasons_] Here give reasons why a lengthy administration is necessary (size of the estate, number and complexity of assets, etc.). [_Allow_Period_] Period over which allowances will be paid - not required, see above. - 10 - [_Legatee_1_Sum_] Amount to go to first legatee. [_Legatee_2_Sum_] Amount to go to second legatee. [_Legatee_3_Sum_] Amount to go to third legatee. [_Legatee_4_Sum_] Amount to go to fourth legatee. [_Amount_Taxed_] Total amount on which taxes paid. [_Firm_Name_] Name of law firm. [_Firm_St_Add_] Law firm street address. [_Firm_City_State_Zip_] Law firm city, state and zip code. [_ATTORNEY_] Name of attorney signing pleading. [_BAR_No._] Attorney's bar number. [_Notice_Order_City_] City in which order to publish signed. [_Notice_Order_Date_] Date on which order to publish signed. [_Verify_City_] City in which verification signed. [_Verify_Parish_] Parish in which verification signed. [_Verify_Date_] Date verification signed. [_exec_him_her_] Him or her as appropriate for succession.representative. [_Paper_Name_] Name of newspaper. [_City_Published_] City in which newspaper published. [_Parish_Published_] Parish in which newspaper published. [_Publish_Date_] Date of publication. [_Condition_] Either "that all inheritance taxes due the State of Louisiana have been paid" (for paragraph 6) or "that the payment of these allowances will not reduce the size of decedent's estate below its size at his date of death" (for alternative paragraph 6). [_exec_he_she_] As appropriate for executor or executrix. [_Order_City_] City in which order signed. [_Order_Date_] Date on which order signed. - 11 -