Unfortunately, when a Last Will is not in place to address these blended family concerns, you become a co-owner with the children, and you have only a "legal" usufruct over your spouse's former one-half interest. You are correct. You cannot alienate, encumber, or sell/lease without... View More

The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More

A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More

You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More

If you accept a succession's assets, then, you must also accept any related, valid debts. Now, you may be able to negotiate unsecured debts, like medical expenses and credit cards, down, but items like mortgages and taxes will have to be paid in full. If there was no Last Will, and your... View More

You will need to find out if succession has been opened. If there is no Will, then, it really is a race to the courthouse for who first applies for the position, and if any objection is lodged. If your father had a Last Will, it is possible that others could be beneficiaries, but without a Last... View More

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... View More

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... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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.

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.... View More

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... View More

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... View More

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.... View More

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.

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... View More