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Questions Answered by Siobhan Sullivan Leger
3 Answers | Asked in Probate for Louisiana on
Q: My farther and mother has passed with no will in Louisiana. There is a home paid in full with a few small balance debts.

One of 7 siblings wants the home but does not have means for a buy-out. Can a forced sell take place?

Siobhan Sullivan Leger
Siobhan Sullivan Leger answered on Feb 28, 2018

Yes, a sale can be forced either during the succession or once the succession has been closed and the heirs are "in possession" (i.e. have accepted ownership) of the home. Selling the property from the succession is typically much more straight forward than selling it once all of the... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: If my dad passes away without a will and has 2 children. He has a long time live in girlfriend.

She only pays the utilities she does not contribute to house insurance taxes or any repairs

Siobhan Sullivan Leger
Siobhan Sullivan Leger answered on Feb 19, 2018

Without a will, your father's girlfriend will not inherit anything from his estate. Your father's children (or his grandchildren from any child who has predeceased him) are his sole heirs.

2 Answers | Asked in Estate Planning for Louisiana on
Q: Question regarding community property

I’m married in Louisiana. My spouse and I both had property before we married. Specially, he has an automotive business That he continued to pay for well into our marriage. I cannot find a clear answer on whether or not property owned before marriage means property paid in full or just property... Read more »

Siobhan Sullivan Leger
Siobhan Sullivan Leger answered on Feb 19, 2018

The property would be classified as separate property (we go by date of acquisition in Louisiana). However, in the event of a divorce, you would have a claim for reimbursement for some of the community funds used to benefit his separate property.

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Louisiana succession or probate? Administrator of estate? Granny passed with no will ~ Dilemma

State of Louisiana - My 95 yr. old granny passed with no will. Her only kids were my dad and his brother who both died before her. Now it's just the adult grandchildren. We all want a succession except for one. He's flat out refusing. Are we able to move forward with a succession without... Read more »

Siobhan Sullivan Leger
Siobhan Sullivan Leger answered on Feb 15, 2018

Fortunately, the answer is yes. You can move forward with opening the succession under what is known as a "regular administration." An attorney would assist you with that. Once the estate has been opened, the estate representative can ask the judge to authorize the sale of the home and/or... Read more »

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