Succession of Smith

For the following reasons, I respectfully dissent from the majority opinion, finding Mrs. Smith timely claimed the marital portion from the succession of her deceased spouse. The sole issue for review is whether Mrs. Smith timely asserted her right to claim the marital portion without filing a formal action in the succession proceedings.

By virtue of Civil Code Article 2432 Mrs. Smith is entitled to claim the marital portion because her husband died rich in comparison to her financial status, therefore, rendering her in necessitous circumstances at the time of her husband’s death. The relevant…