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Regular Session, 2010
SENATE CONCURRENT STUDY REQUEST NO. 5
BY SENATOR MURRAY
A CONCURRENT STUDY REQUEST1
To request the Senate Committee on Judiciary A and the House Committee on Civil Law2
and Procedure to meet and function as a joint committee to continue the study of3
heirship property; to develop recommendations for facilitating the ability of spousal4
co-owners of property to receive title to immovable property at one spousal co-5
owner's death; to review the rights and obligations of spousal co-owners of6
immovable property in order to prevent undue hardship resulting from successions7
and probate costs and fees of the first spouse to die; and to review the costs of8
probate and intrafamily transfers of real estate to determine whether such costs might9
be reduced for spousal co-owners.10
WHEREAS, a large percentage of Louisiana citizens co-own immovable property11
in community with their spouses; and 12
WHEREAS, surviving spouses often do not have merchantable title to their13
community immovable property because they have not completed the recognized formalities14
of succession procedure; and15
WHEREAS, spouses of lower economic and educational levels are less likely to seek16
estate planning services; and17
WHEREAS, many spousal co-owners of community property do not have the funds18
to complete the succession of their deceased spouse which would restore their titles to a19
merchantable status; and20
WHEREAS, there is a need to review present law to determine whether changes21
should be made to encourage and promote merchantability of immovable property owned22
in community after one spouse has died; and23 SCSR NO. 5
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WHEREAS, surviving spouses of immovable property who have merchantable titles1
are able to borrow money at lower interest rates and access the wealth-generating tools2
commonly associated with property ownership; and3
WHEREAS, officials of state, parish and municipal governments and pro bono4
organizations, have expressed an interest in solving these problems; and5
WHEREAS, it is the policy of this Legislature to foster free commerce in Louisiana's6
immovable property for all Louisiana citizens.7
THEREFORE, the Legislature of Louisiana hereby requests the Senate Committee8
of Judiciary A and the House Committee on Civil Law and Procedure to meet and function9
as a joint committee to (a) continue the study of heirship property, and to develop10
recommendations for facilitating the ability of spousal co-owners of property to receive title11
to immovable property at one spousal co-owner's death; (b) review the rights and obligations12
of spousal co-owners of immovable property in order to prevent undue hardship resulting13
from successions and probate costs and fees of the first spouse to die; (c) review the costs14
of probate and intrafamily transfers of real estate to determine whether such costs might be15
reduced for spousal co-owners; (d) develop recommendations and submit a written report16
to the legislature not later than March 1, 2011, for the ease of transfer of immovable property17
to surviving spouses through non-probate transfers on death; and (e) in such meeting and18
study of the joint committee, to specifically solicit input, recommendations, and advice from19
the following:20
(1)The Louisiana State Bar Association.21
(2)The New Orleans Notarial Archives.22
(3)The Louisiana Clerk of Court Association.23
(4)The Louisiana Land Title Association.24
(5)The Louisiana Bankers Association.25
(6)The Louisiana Mortgage Lenders Association.26
(7)The Louisiana Law Institute.27
(8)The Louisiana Housing Finance Agency.28
(9)The office of the Secretary of State.29
(10)The New Orleans Legal Assistance Corporation.30 SCSR NO. 5
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(11)The Civil District Court for the Parish of Orleans.1
(12)The Louisiana District Judges Association.2
(13)The Louisiana State University AgCenter.3
(14)The New Orleans Bar Association.4
(15)Louisiana Appleseed, a branch of the national non-profit network of public5
interest justice centers.6
(16)The Louisiana Municipal Association.7
(17)The Lewis A. Martinet Legal Society.8
(18)The Louisiana Realtors Association.9