2006 Louisiana Laws - RS 9:2437 — Action by non-resident; reciprocity

§2437.  Action by non-resident; reciprocity

A.  A fiduciary or any other person required to pay the tax due who is domiciled or residing in a jurisdiction other than Louisiana, has a right of action for the proportionate amount (1) of the federal estate tax, (2) of an estate tax payable to another state, or (3) of a death duty due by the estate of a person deceased to another state, against any person interested in the estate domiciled or residing in Louisiana or who owns property in Louisiana subject to attachment or execution.  This action shall be brought as an ordinary proceeding at the domicile of the defendant or, if not domiciled or residing in Louisiana, in the court of the parish where the property of the defendant is situated.  

B.  For the purposes of this action, the apportionment of the tax liability as determined by the court having jurisdiction of the administration of the estate of the deceased in the other state shall be prima facie correct.

C.  With respect to the Federal tax, this Section applies only if apportionment of the tax is authorized by the Congress.  In all other respects, this Section applies only if such other state or jurisdiction affords a substantially similar remedy to a Louisiana resident.  

Added by Acts 1960, No. 362, §1.