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Questions Answered by Christie Tournet

1 Answer | Asked in Probate for Louisiana on

Q: My husband passed away in May and we did not have any children. He left everything to me in the will.

Do I have to do a succession?

Christie Tournet 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 »

1 Answer | Asked in Estate Planning for Louisiana on

Q: Is there a statute of limitations in Louisiana on using the small estate affidavit? My g-father died intestate in 1945.

G-mother passed intestate in 1984. At time of his death, the property was worth $9,000.

Christie Tournet 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 »

1 Answer | Asked in Landlord - Tenant for Louisiana on

Q: Can I take a previous landlord to court in order to have a collection on my credit report removed?

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 »

Christie Tournet 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 »

1 Answer | Asked in Probate for Louisiana on

Q: Can a surviving spouse claim full ownership of home and sell or donate it if there is no will for deceased partner, La.?

Christie Tournet 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 subject... Read more »

1 Answer | Asked in Estate Planning for Louisiana on

Q: My mother is hospitalized and medically incapacitated. Can I establish a conservatorship/guardianship on here behalf?

Christie Tournet 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 »

1 Answer | Asked in Estate Planning for Louisiana on

Q: My father passed away in 2010. He was married. He purchased a home in 1992 when he wasn't married. what are my rights

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 ??

Christie Tournet 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 »

1 Answer | Asked in Estate Planning for Louisiana on

Q: Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?

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 »

Christie Tournet 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 »

1 Answer | Asked in Estate Planning for Louisiana on

Q: How can I get a copy of my father's will? Stepmother has tried to change it right before her death.

Christie Tournet answered on Jan 30, 2019

Any interested party can open succession. Since your father is the decedent, you can open and request that the court order a search for the Will, or that you be appointed the succession rep until a Will is produced. You need to contact counsel well versed in probate to better discuss your... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on

Q: How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?

Christie Tournet answered on Jan 10, 2019

You have to probate the Will/open succession. You can either be appointed Executrix, if administration is necessary. Or, if you meet the requirements, you may not have to administer the estate.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana on

Q: How do I report a notary for not filing my father's will at the court house?

The notary was good friends with my father & aunt. My aunt, who was put in charge of everything until my brother and I turned of age, sold his house to the notary. When it should have been signed over to my brother. She only paid $5000 for the I house and land and put on paper it was sold for like... Read more »

Christie Tournet answered on Jan 10, 2019

Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be... Read more »

1 Answer | Asked in Probate for Louisiana on

Q: Louisiana - Stepfather dies without will. Mom resides in home that was gifted to stepfather. Succession?

Mom's living in home she's shared with my stepfather since the 70's. He's deceased. Home was gifted to him by his uncle. It's still in stepfather's name. Whole house needs major, repairs. Falling apart, top to bottom. Hubby and I are helping as much as we can financially with repairs, and we're... Read more »

Christie Tournet answered on Jan 3, 2019

Because the Decedent did not have a Will and it appears the value of the estate is under $125k, a small succession affidavit can be done with an attorney. However, the Decedent's children will stand to inherit, as it appears the land/home was the Decedent's separate property. Potential leverage... Read more »

1 Answer | Asked in Probate for Louisiana on

Q: I have a question about Louisiana probate law and succession.

Until just recently I never knew my fathers name, but only how and where he died.

After researching the time and cause of his death I discovered that just five months before I was born in December of 1954 a man I suspected of being my father was killed in his New Orleans business.... Read more »

Christie Tournet answered on Dec 21, 2018

Unfortunately, there are a lot of factors still requiring answers and too much time may have already passed. First, if the father passed back in 1954, succession was likely opened long ago. If there was a testament, the prescriptive period to contest a Judgment probating a testament is 5 years.... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Probate for Louisiana on

Q: Can a woman with Alzheimer's give power of attorney over herself to a person who is incapacitated in a hospital?

The incapacitated is in the hospital with a massive stroke. Is there a law that has been broken? How many witnesses must be on a poa? Shouldn't the person who is receiving the poa sign it?

Christie Tournet answered on Dec 18, 2018

Capacity does not require that a person be lucid all the time. Rather, people with dementia, alzheimer's, stroke, etc. may still have periods of capacity/understanding (lucid intervals) at the time of entering the contract. And, yes, a person can also give another, with limited capacity, the... Read more »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on

Q: Sue and Joe are married ..Joe has 6 children from his first marriage and Sue has 2 children from her first marriage...

This is the second marriage for both of them and they were married in Louisiana a community property state.......now Joe and Sue have identical wills written which states that if Joe preceeds Sue in Death or vice versa...the surviving spouse has usufruct of all of the assets, home, vechiles,... Read more »

Christie Tournet answered on Dec 10, 2018

With community property, each spouse owns an undivided half interest in his/her own right. So, when Joe passed, only his half of the estate is at issue. But, you will need to address the Will language with a counselor well versed in probate - was the legal usufruct only confirmed? Or, was Sue... Read more »

3 Answers | Asked in Estate Planning and Family Law for Louisiana on

Q: Can a daughter obtain a medical (Living Will) over her mother...while being married in the State of

Louisiana?

Christie Tournet answered on Dec 10, 2018

A Living Will stipulates what, if any, medical measures a person wants administered at end of life and where the person can no longer articulate those wishes and the measures only "artificially prolong" life. A Power of Attorney is a document where a principal appoints an agent to act on his/her... Read more »

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2 Answers | Asked in Estate Planning for Louisiana on

Q: My Siblings and I inherited a small farm from our parents and in 2000 was the last contact I had with my brother

i don’t know if he is alive or dead and to my thinking he does not care or want anything to do with his part ,the farm is undivided since he cannot be located can his part be transfered to me and his sister

Christie Tournet answered on Nov 15, 2018

One, you can request a partition and the absent heir can be represented by a court appointed attorney. But, partition can be done by a division of the land or sale. Also, there La CC Art 54 permits an interested person to petition the court and have an absent person, after 5 years of being... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on

Q: How do I get my name added to the deed of a house willed to me? Do I need to go through probate?

My grandfather recently passed and his notarized will left a house to me. I am the executor of the will and beneficiary. We didn't go through a lawyer since he didn't have much.

Christie Tournet answered on Oct 25, 2018

You must do a succession in some form. The instructions in the Will, extent of any other beneficiaries, and nature of the property, values, and any debts will dictate the correct process for proceeding in your circumstances. You will need to speak to counsel well versed in probate about these... Read more »

1 Answer | Asked in Estate Planning for Louisiana on

Q: Do heirs have to pay estate taxes on non-liquid assets?

Christie Tournet answered on Oct 22, 2018

If it is a Louisiana estate, Louisiana has no inheritance tax. As to Federal Estate Taxes, that threshhold is now $11M per individual, so few estates trigger that tax. Then, whether you will have to pay any income tax, or capital gains tax, depends on the nature of the inherited asset (for... Read more »

2 Answers | Asked in Probate for Louisiana on

Q: What happens if the person who was going to be the executor died and it wasn't changed?

Christie Tournet answered on Sep 21, 2018

Depends. First query, is administration even needed? If not, you may not need to worry about appointing an Executor. Then, if the Will does not name an alternate or Successor, then another interested party/beneficiary can petition the court to become the Executor of the Will.

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1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on

Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?

We have had fair offers on the table but have been unsuccessful. One of the heirs is the administrator and he tried before closing succession to get everyone on board to either buy or sell to no avail.

Christie Tournet answered on Sep 17, 2018

You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law,... Read more »

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