What are the pros and cons of filing succession 5 years after a death occurs?

Asked over 1 year ago - New Orleans, LA

My mother died 5 years ago but her succession was just completed this year. The children paid all left over bills that we knew were due. She left a home but we are not collecting any income from it. Family stays in the home rent free. We've been paying taxes on the home, as well as insurances, up-to-date. We've kept the home up the best way we can based upon our personal funds. Now we are concerned about filing the succession late. Are there pros and cons to filing a simple succession more later than sooner?

Attorney answers (2)

  1. Lauren G. Coleman

    Contributor Level 16

    Answered . Your question is confusing. You say her succession was just completed but you ask about filing a succession 5 years late. There is no required time to file a succession, however if there is a will it should be filed sooner that later as it may be lost or destroyed before it is filed. That occurred with several families in New Orleans after Katrina. You will not have any penalties for filing this long after her death, however there may be certain claims or defenses which may have been lost because of the passage of time. You should consult an attorney to get more complete information. Another factor to consider in filing late is that some heirs may have died and you would have to place that heirs children in possession which would require more signatures and effort to complete the succession.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your... more
  2. Amanda Marie Cook

    Contributor Level 15

    Answered . It is unclear what you mean by "succession." If there was a probate that was just completed this year, then there are no problems with getting the title in order following the probate. Sometimes probate takes a long time.

    If there has not been a probate initiated, then it needs to be initiated asap. You may have paid expenses/debts that were unnecessary already. You should seek the advice of an attorney.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more

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