My husband died recently without a will, do I have to hire an attorney to probate the estate?
My husband died recently with no will. Do I have to hire an attorney to do a succession even though there are no children that are contesting the fact that I am being left everything? He had an old truck that is in only his name and I want to sell it. What are the laws concerning selling or disposing of property in the deceased name?
No, you do not have to hire an attorney to do a succession of your deceased husband who left no will (even though there are no children that are contesting the fact that you are being left everything) if you can do the succession yourself.
You can check with the Ofc. of Motor vehicles to see if there are forms that you can complete to transfer owner of the old truck, however, if not then it would be included in the succession of the deceased husband.
Feel free to contact this office to schedule an office consulktation to discuss your legal matter.
Since your husband died without a will, the intestate laws of Louisiana will determine the distribution of your husband's property. If there are no children or other relatives, then you will probably inherit all your husband's property. But to be on the safe side since you want to sell his property, I would advise you to consult an estate attorney in your area (even for 30-60 minutes of consultation). After reviewing your situation, the attorney can determine what your legal options are. For example, if your husband's estate is very small, you may be able to conduct the probate with the court yourself.