The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.
answered on May 5, 2023
If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... Read more »
My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.
answered on Mar 23, 2023
It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... Read more »
answered on Feb 24, 2023
Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... Read more »
The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?
answered on Jan 19, 2023
There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... Read more »
I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.
answered on Sep 28, 2022
If the house value is under $125k, and the Will leaves the house to you, in the same manner that intestacy law would apply - meaning, there are no other children that would inherit, then, you may be able to proceed with the small succession affidavit through an attorney. If the value of the home... Read more »
Both Dad and Grandad died in Florida. The property is in Louisiana. There is an executor for the estate but they haven’t pursued addressing the property in LA since it is believed it will be the property of the two sons. The Executor is currently maintaining the land (empty lot). Both sons... Read more »
answered on Jun 2, 2020
You all can open what is called an ancillary succession here in Louisiana, if the Executor has only been appointed in Florida. How the land will be transferred depends upon how the land was titled, if there was a Will or not, and who the intestate heirs are. If the ancillary succession has been... Read more »
Father inherited property from his mom. They both have homes on the property. He wants me to inherit bc I'm more responsible than my siblings. He and I pay the property tax and anything associated with the property. I also have a first cousin who feels she's entitled to all of it, even... Read more »
answered on Jun 2, 2020
Your father, as an heir, needs to open succession. If there is no Will, and your father is the only child, then, he may inherit. However, if there were other children that predeceased, then, their children may also have a right to inherit. You need to further discuss these specific circumstances... Read more »
answered on Oct 23, 2019
The only way to "control from the grave" and proscribe a beneficiary from selling/doing as they wish with a bequest, is via sanctioned restrictions: either divide ownership among usufruct and naked ownership, or it has to be put in a Trust. Best of luck.
Her son is presently the sole heir. Can my sister name me as the heir to the property in her will and if the will is executed properly (in Louisiana) can I then inherit the home?
answered on Oct 4, 2019
Technically, yes. With a Will, you can, generally, name anyone as a beneficiary to your estate. There are 2 execptions to that general rule. One, if the property is community property, each spouse can only gift his/her half share of the asset. And, the second exception applies to forced heirs.... Read more »
oldest is 23 yoa, other that was adopted is 18 yoa
the will is signed but unfortunately he passed before getting it notarized but his mother was there when the will was discussed and knows what he wanted because they discussed it
answered on Oct 3, 2019
Under Louisiana law, an adopted child can inherit both from the natural and the adopted parents. Also, unfortunately, there are only 2 valid will forms - a handwritten or notarial will. So, if the notarial will was not fully executed/notarized, then, it will not be considered valid and the estate... Read more »
Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.
Does the grandchild have a claim to the home or since everything went to grandmother... Read more »
answered on Sep 27, 2019
Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the... Read more »
answered on Sep 9, 2019
I'm not sure of the exact question. Often, attorneys use the word "execute" to mean to put a legal document into effect. One, drafts/puts a Will into effect by signing/executing it. A Will must be put in place by the Testator before the Testator passes, or loses mental capacity.... Read more »
The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »
answered on Sep 9, 2019
The way to attempt to put a halt on misuse of funds and determine inheritance -either by a valid Will or default intestacy laws is to open succession.
Do I have to do a succession?
answered on Jul 3, 2019
Yes, the succession is the legal process to update all titles from his name, or your and his name, to your name alone by virtue of the Will. Without the succession, and the end judgment permitting the transfer of ownership, a cloud on the title will remain and you will not be able to sell until... Read more »
G-mother passed intestate in 1984. At time of his death, the property was worth $9,000.
answered on Jun 25, 2019
No. La CCP Art 3421 defines a small succession as one where a La resident that has passed, without a will, has an estate valued at $125k or less. However, the small succession can also be used for a succession of any value, where a Decedent passed more than 20 years prior to the Affidavit.... Read more »
On June 2017, I moved into an apartment. Within two weeks my A/C stopped working. I requested it to be fixed, and they attempted to fix it a week later by adding antifreeze to the unit. The problem was that the unit was leaking antifreeze. So for the first two months of my lease, the A/C unit would... Read more »
answered on May 10, 2019
If you have those notices, timeline, and notice of non payment for days where you could not live in the apartment, I would submit to the landlord, or whatever collection agency may have reported, to contest the reporting and to advise that the report is without merit, as you have evidence... Read more »
answered on Mar 25, 2019
Depends on several factors - was the home community property and did Decedent have children? Even if the home was community property and the Decedent had children, then, under LA default, intestacy law, the children inherit the decedent's former half interest in the community property, but... Read more »
answered on Feb 20, 2019
Yes. It is called an interdiction and is still a civil suit. But, if you can provide medical evidence/affidavits as to condition and all of the heirs - spouse and children are in agreement, it can make the process much more smooth, especially for your mom, who will be the Defendant. The court... Read more »
I am not sure if there is a will because his wife refuses to cooperate and she hasn't opened succesion on him. She is remarried and living in his home. I dont know where to start or if its worth paying a lawyer to just get nothing ??
answered on Feb 14, 2019
Any interested party can open a succession. You are a descendant and therefore, can open succession. In opening succession, you can request that the court issue an Order for a search of the Will. Of course, it is always easier and less costly, if all parties cooperate and if there is a Will,... Read more »
Decedent passed away 9 years ago, and spouse passed recently. All in Louisiana. No wills. Decedent name on deed, indicating married to spouse. Spouse remained in home until death. Heirs are children. One died after decedent. 3 surviving children all agreeing to sell the home. No divorces or... Read more »
answered on Feb 7, 2019
An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession.... Read more »
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