The Louisiana Succession When Minors Inherit

I started working today on a succession involving the death of a parent who had a minor child. The deceased intestate (without a Last Will) owning a few assets. Here's the steps necessary to complete this succession:

1. A minor does not have the legal capacity to inherit. First, we must get the surviving spouse confirmed as the natural tutor of the minor. This will allow the surviving spouse to handle the part that the minor inherits.

2. Have a tutor and undertutor confirmed by the court.

3. Petition the court to order the transfer the assets so the the surviving spouse inherits the usufruct (until death or remarriage) of the deceased spouse's one-half of the community property, and that the surviving parent (on behalf of the minor child) inherit the naked ownership of these assets  - subject to the surviving spouse's usufruct.

There are always extra steps involved in a Louisiana Succession when a minor inherits. Much of this can be avoided with proper will and trust planning on the front end.