LIMIT ON FAMILY COURT JURISDICTION

After proceedings had been instituted in Baton Rouge Family Court for the partition of the community property belonging to Mr. and Mrs. McCann, Mr. McCann died. Mrs. McCann sought to continue the partition proceedings in Family Court. The executrix of Mr. McCann’s estate, one of his daughters, objected to the jurisdiction of the Family Court and sought to transfer the proceedings to the District Court. The trial court denied the executrix’s exception to the Family Court’s subject matter jurisdiction and the Court of appeal refused writs. The Louisiana Supreme Court accepted writs and reversed the lower courts, holding that the Family Court did not retain exclusive subject matter jurisdiction over the partition proceedings once one of the parties died. McCann v. McCann, May 8, 2012