F2bsupjg judgment of possession supplemental (no new tax)

Page 1

JUDGMENT OF POSSESSION, SUPPLEMENTAL (NO NEW TAX) - F2BSUPJG: See La. C.C.P. Art. 3393. This is a petition for a supplemental judgment of possession to include an item listed in the Detailed Descriptive List or Inventory and on which inheritance taxes, if any were due, have already been paid. (For case in which property has not been listed or taxed, see F2BSUPJ2.) This example assumes that the decedent died intestate, that petitioners are a widow (or widower) and four children and that the omitted property is community. See also GENERAL NOTES FOR SUCCESSION FORMS in README FOLDER.

* * * * * * * SUCCESSION OF

[_COURT_]

[_DECEDENT_]

PARISH OF [_COURT_PARISH_]

PROBATE NO. _________

STATE OF LOUISIANA

PETITION FOR SUPPLEMENTAL JUDGMENT OF POSSESSION The Petition of: (1)

[_SPOUSE_NAME_], [_widow_er_] of [_DECEDENT_], whose address is [_Spouse_Add_],

(2)

[_HEIR_1_NAME_],

[_Heir_1_Mar_Stat_],

whose

address

is

[_Heir_2_Mar_Stat_],

whose

address

is

[_Heir_3_Mar_Stat_],

whose

address

is

[_Heir_4_Mar_Stat_],

whose

address

is

[_Heir_1_Add_], (3)

[_HEIR_2_NAME_], [_Heir_2_Add_],

(4)

[_HEIR_3_NAME_], [_Heir_3_Add_], and

(5)

[_HEIR_4_NAME_], [_Heir_4_Add_],

all of whom appear herein through undersigned counsel, respectfully represents: 1. As will be seen by pleadings filed in this case heretofore, petitioners are the [_widow_er_] and children of [_DECEDENT_] ("decedent"), and were placed in possession of the property of said decedent by Judgment of Possession of this Honorable Court dated [_Judg_Poss_Date_]. 2. Among the community assets in decedent's estate listed in the Affidavit of Valuation filed heretofore herein is: [_Item_Descrip_]


3. While petitioners were placed in possession of decedent's estate the above described item was not specifically described in the Judgment of Possession. 4. Petitioners therefore ask that a Supplemental Judgment of Possession be issued for the sole purpose of adding the description of this item to said Judgment of Possession. 5. As there is no additional property involved (the omitted item having been described and valued in the Affidavit of Valuation or Detailed Descriptive List filed herein), it is not necessary to submit another Affidavit of Valuation or to file an additional Louisiana Inheritance Tax Return. WHEREFORE, petitioners pray that they be specifically placed in possession of said [_Item_Descrip_], the said [_SPOUSE_NAME_] being recognized as the owner of a one-half community interest therein and the other petitioners herein being placed in possession of the decedent's community one-half interest therein in the proportion of an undivided one-fourth (1/4) interest each subject to the usufruct, for life unless [_spouse_he_she_]

remarries

in

which

event

the

usufruct

ends,

of

[_SPOUSE_NAME_]. [_Firm_Name_] Attorneys for Petitioners [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Tel_No._] [_Firm_Fax_No._] BY:

______________________ [_Attorney_] BAR ROLL NUMBER [_BAR ROLL NUMBER_]

******Insert Page Break******

SUCCESSION OF

[_COURT_]

[_DECEDENT_]

PARISH OF [_COURT_PARISH_]

PROBATE NO. _________

STATE OF LOUISIANA

SUPPLEMENTAL JUDGMENT OF POSSESSION On

considering

the

PETITION

FOR

SUPPLEMENTAL

JUDGMENT

OF

POSSESSION of the [_widow_er_] and children of the decedent herein to be recognized as such, and sent into possession of [_Item_Descrip_] which is a part of


decedent's estate, satisfactory proof having been submitted heretofore to the Court that any inheritance taxes due to the State of Louisiana have already been paid or that no inheritance taxes are due, , and the law and evidence being in favor of petitioners for the reasons this day orally assigned: IT IS ORDERED, ADJUDGED AND DECREED that [_SPOUSE_NAME_] be and [_spouse_he_she_] is hereby recognized as the owner of a one-half community interest in

and

to

the

property

described

hereafter,

and

that

[_HEIR_1_NAME_],

[_HEIR_2_NAME_], [_HEIR_3_NAME_] and [_HEIR_4_NAME_] be and they are hereby recognized as owners of and placed in possession of the other one-half interest therein in the proportion of an undivided one-fourth interest each, subject to the usufruct of [_SPOUSE_NAME_],_which usufruct shall terminate upon remarriage or death of the usufructuary, whichever occurs first, , said property being: [_Item_Descrip_] In accordance with La. C.C.P. Art. 3061, the last known address of the first petitioner herein, [_SPOUSE_NAME_], is [_Spouse_Add_]. JUDGMENT

READ,

[_Supp_Judg_City_],

RENDERED

AND

SIGNED

[_Supp_Judg_Parish_]

Parish,

in

Chambers Louisiana,

[_Supp_Judg_Date_]. _____________________________ DISTRICT JUDGE ********** WORD KEY: EXPLANATION: [_COURT_] Court in which proceeding filed. [_DECEDENT_]Full name of decedent. [_COURT_PARISH_] Parish where filed. [_SPOUSE_NAME_] Name of decedent's surviving spouse. [_widow_er_] Widow or widower, as appropriate for surviving spouse. [_Spouse_Add_] Spouse's address. [_HEIR_1_NAME_] Name of first heir. [_Heir_1_Mar_Stat_] Marital status of first heir. [_Heir_1_Add_] Address of first heir. [_HEIR_2_NAME_] Name of second heir. [_Heir_2_Mar_Stat_] Marital status of second heir. [_Heir_2_Add_] Address of second heir. [_HEIR_3_NAME_] Name of third heir. [_Heir_3_Mar_Stat_] Marital status of third heir. [_Heir_3_Add_] Address of third heir. [_HEIR_4_NAME_] Name of fourth heir.

at on


[_Heir_4_Mar_Stat_] [_Heir_4_Add_] [_Judg_Poss_Date_] [_Item_Descrip_]

[_Firm_Name_] [_Firm_St_Add_] [_Firm_City_St_Zip_] [_Firm_Tel_No._] [_Firm_Fax_No._] [_Attorney_]

[_BAR ROLL NUMBER_] [_Supp_Judg_City_] [_Supp_Judg_Parish_] [_Supp_Judg_Date_]

Marital status of fourth heir. Address of fourth heir. Date of original judgment of possession. Description of omitted item (may use shorter version in prayer and first paragraph of Judgment). Name of law firm. Street address of law firm. City, state and zip code of law firm. Telephone number of law firm. Fax number of law firm. Name of attorney signing pleading. See README Special Note No. 3 on USE OF INITIALS. Bar Roll Number of Attorney. City in which supplemental judgment signed. Parish in which supplemental judgment signed. Date on which supplemental judgment signed.


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