Louisiana Code of Civil Procedure 3007 – Creditor may demand security when heirs sent into possession
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Terms Used In Louisiana Code of Civil Procedure 3007
- Intestate: Dying without leaving a will.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
When the heirs of an intestate, or the heirs and the surviving spouse thereof, have been sent into possession of the property of the intestate under Articles 3001 or 3004, any creditor having a claim against the succession may file in the succession proceeding, within three months of the date of the judgment of possession, a contradictory motion against all parties sent into possession to compel them to furnish security for the payment of his claim.
On the trial of this motion, the court may order the parties sent into possession to furnish such security as it deems necessary to protect the claimant.