Losing a parent, spouse, or sibling is difficult enough on its own. Discovering that your loved one’s house in Old Mandeville can’t be sold, refinanced, or even properly insured until a Louisiana court says who legally owns it now makes it harder. That’s what working with a Mandeville succession attorney does for you.
Charlton “Chink” Ogden has helped Mandeville families navigate that process for decades, from the first discussion about a loved one’s property and debts through the final Judgment of Possession that clears title. He regularly files matters with the 22nd Judicial District Court, is thoroughly familiar with the procedures of the St. Tammany Parish Clerk of Court, and works directly with his clients rather than handing their case off to a paralegal. Call (985) 892-8592 to schedule a consultation.
What Is a Succession & Why Mandeville Families Can't Skip It
Most states refer to the succession process as probate. Louisiana calls it a succession, and our system works differently because Louisiana follows a civil-law tradition rather than the English common-law tradition used throughout most of the country. A succession is the legal process used to transfer a deceased person’s home, financial accounts, and other property into the names of the people who now own those assets.
Until that process is completed, property can remain in legal limbo. A title company may be unable to clear a sale. A bank may refuse to release funds. Even a mortgage company expecting payment can encounter complications when an estate has not yet been properly opened and resolved.
Mandeville is home to many families who purchased lakefront or near-lakefront property decades ago and have watched its value grow substantially over the years. That appreciation can become a complication when the owner dies and the heirs discover that the property cannot be transferred until a Louisiana court — in this case, the 22nd JDC in Covington — issues a Judgment of Possession. Louisiana law generally requires succession before real estate, vehicles, and certain financial assets can legally pass to the appropriate heirs or legatees, whether or not the deceased person left a will.
Two Louisiana-specific concepts can make the process more complicated than families expect. Forced heirship protects the inheritance rights of certain children, including those age 23 or younger and certain permanently disabled children, regardless of what a will may provide. Usufruct can give a surviving spouse the right to use and enjoy property that is ultimately owned by the children after one spouse dies.
Both can affect how a succession should be handled. Overlooking either issue can create problems that may not become obvious until years later, often when the family eventually tries to sell the property.
Filing Through the 22nd JDC From Mandeville
Because Mandeville is located in St. Tammany Parish, local successions are handled through the same court serving Covington: the 22nd Judicial District Court, with applicable documents recorded through the St. Tammany Parish Clerk of Court.
Families sometimes assume they must hire an attorney whose physical office is inside Mandeville to handle a Mandeville succession. Louisiana’s court system does not work that way. Far more important is working with an attorney familiar with the 22nd JDC, its local procedures, filing requirements, and the Clerk of Court’s processes. Charlton’s office is conveniently located a short drive up Highway 190 in Covington.
Chink has represented Mandeville families in both routine and complicated successions. Those matters have included disagreements among heirs in blended families, out-of-state siblings with different opinions about whether to sell a family home on Lakeshore Drive, and estates in which previously overlooked property surfaced during a title search.
Before recommending how to proceed, he takes the time to understand the family, the assets involved, and any potential complications. The goal is to identify those issues before documents are filed, rather than trying to correct them afterward.Types of Successions Charlton Handles
- Testate Successions: The deceased person left a valid Last Will and Testament, which must be admitted to probate by the court so the estate can be administered according to its terms.
- Intestate Successions: There is no will, so Louisiana’s inheritance laws determine who receives the property. Those rules often surprise families, particularly when it comes to what a surviving spouse does — and does not — automatically inherit.
- Small Succession Affidavits: For qualifying estates valued at $125,000 or less, this procedure may allow a family to avoid a full succession proceeding.
- Successions Without Administration: When the heirs are in agreement, and the estate has no unresolved debts, it may be possible to proceed directly toward a Judgment of Possession without a full administration.
- Ancillary Successions: These proceedings may be necessary when heirs live elsewhere but must address Louisiana property, including Mandeville real estate or mineral interests.
When a Small Succession Affidavit Works for a Mandeville Estate
Not every estate requires a full court proceeding. Louisiana’s Small Succession Affidavit allows certain qualifying estates valued at $125,000 or less to avoid much of the formal succession process and transfer assets through filings with the St. Tammany Parish Clerk of Court. For a relatively modest estate without disputes or unusual property issues, that can save a family both time and expense.
But an estate that technically qualifies for a small succession affidavit is not automatically one in which using the affidavit is the best approach.
Charlton looks at the entire estate before making that recommendation. Are multiple pieces of real estate involved? Is there disagreement among heirs, even if no one has openly disputed anything yet? Does the property’s title history reveal an unresolved issue from an earlier owner or succession?
Using an affidavit where a formal succession would have been more appropriate can create the very title problem the simplified procedure was intended to prevent. Chink gives clients a straightforward assessment of when the small succession route makes sense and when a more formal proceeding is the safer option.
After the Judgment of Possession
A signed Judgment of Possession is an important milestone, but it is not always the final step.
When real estate is involved, the judgment must be recorded with the St. Tammany Parish Clerk of Court so the public records properly reflect ownership in the heirs’ names. Until that recording is completed, property on the Mandeville lakefront, in Old Mandeville, or along the Highway 22 corridor may still encounter problems when the heirs attempt to sell or refinance it.
Bank accounts, investment accounts, and vehicles involve their own procedures. The Judgment of Possession provides the legal authority needed to release funds or transfer ownership, but individual financial institutions and agencies may each have different requirements.
Charlton remains involved beyond the courthouse to help clients complete those final steps, particularly when an estate includes multiple heirs, property located in more than one parish, or financial accounts held outside Louisiana.
Serving Mandeville and the Northshore
Charlton has worked with families throughout Mandeville, from historic homes near downtown and the lakefront to newer neighborhoods near Highway 59 and Highway 22. He also serves families in Covington, Madisonville, Abita Springs, Folsom, and communities throughout the Northshore.
Ogden Law is not a volume practice. When you hire Chink, you work directly with him from beginning to end. There is no midstream handoff that leaves you having to explain your family’s situation all over again to someone new.
Frequently Asked Questions
Louisiana law does not require an attorney in every possible succession situation, but issues involving forced heirship, usufruct, title, inheritance rights, and court filing requirements can quickly become complicated. Working with a Mandeville succession attorney who regularly handles matters in the 22nd JDC can help identify problems before they cause unnecessary expense or delay.
The timeline depends on the estate. A succession without administration, where the heirs agree and there are no unresolved debts, may sometimes be completed within a matter of weeks. Estates involving disputes, creditor claims, or real property located in several parishes generally take longer. Charlton discusses the likely timeline with clients at the beginning of the process so they know what to expect.
This is called an intestate succession. The Louisiana Civil Code determines who inherits based on the deceased person’s surviving relatives. Descendants generally come first, followed in certain circumstances by parents and siblings and then more distant relatives.
A surviving spouse does not necessarily inherit everything automatically and may instead have usufruct rights over certain community property. Charlton explains how Louisiana’s intestacy rules apply to the particular family before documents are filed.
It may be if the estate qualifies under Louisiana law and its value is $125,000 or less. When the requirements are satisfied and there are no significant property disputes or title complications, a Small Succession Affidavit can offer a faster and less expensive alternative to a full succession proceeding. Charlton reviews the circumstances of each estate before recommending that approach.
Call Ogden Law at (985) 892-8592 or fill out the contact form to schedule a consultation. You can talk directly with Chink about what your family is facing, what needs to happen next, and which succession process makes the most sense for your situation — without unnecessary jargon or pressure.
A succession often raises broader questions about the estate plan a loved one left behind, or the plan you are putting in place for your own family. Charlton also works as a Mandeville estate planning attorney, helping Northshore families prepare the documents they need before a succession ever becomes necessary.