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Questions Answered by Christie Tournet
1 Answer | Asked in Estate Planning for Louisiana on
Q: I gave my sister ownership of our parent's home years ago. Since then I have moved into the home with her

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?

Christie Tournet
Christie Tournet 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 »

1 Answer | Asked in Estate Planning for Louisiana on
Q: husband lost his parental rights around 8 years ago, 1 of the children was adopted, are they heirs to his estate?

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

Christie Tournet
Christie Tournet 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 »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Louisiana probate question regarding if will is enforceable

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 »

Christie Tournet
Christie Tournet 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 »

2 Answers | Asked in Probate for Louisiana on
Q: Can a will be executed BEFORE the death of the person who initiated the will?
Christie Tournet
Christie Tournet 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. However, a court... Read more »

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3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

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 »

Christie Tournet
Christie Tournet 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.

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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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