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Questions Answered by Christie Tournet
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... 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
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
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
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
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
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 »

2 Answers | Asked in Estate Planning for Louisiana on
Q: My husband & I made wills in1970 and were living in WV. We now live in Louisiana. Are our wills still legal?
Christie Tournet
Christie Tournet answered on Sep 17, 2018

Yes, your Wills would likely be given full effect, as most states have "uniform Will" laws for situations like that. However, do your Wills still meet all of your needs, especially considering that Louisiana has community property law and forced heirship concerns? You should review the... Read more »

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on
Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?
Christie Tournet
Christie Tournet answered on Sep 10, 2018

There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: 4 of 5 heirs agree to sell co-owned property per a will. Can executor sell independently & distribute funds per will?

There is a will. Property owned outright (no mortgage). 2 offers to purchase on the table. 1 heir being uncooperative and has been unresponsive for an extended period of time. Heirs have NOT been put into possession of the property.

Christie Tournet
Christie Tournet answered on Sep 5, 2018

Depends on how Will reads. If someone was appointed as independent executrix, then, that person can make such decisions for the estate free of court authority. If independent administration was not included in the will, then administration needs to occur, and the formal administration steps need... Read more »

1 Answer | Asked in Probate for Louisiana on
Q: Does every will have to go through probate court?
Christie Tournet
Christie Tournet answered on Aug 23, 2018

Yes. A Will can change who receives property from the default, intestate procedure. Thus, the court must look at the Will and determine if it is valid and then address the bequests and the beneficiaries.

2 Answers | Asked in Estate Planning for Louisiana on
Q: Do you have to pay taxes on a trust?
Christie Tournet
Christie Tournet answered on Aug 23, 2018

Trusts can be created while the creator/settlor is living, or at death via a Last Will. The creation of the Trust, or one's becoming a beneficiary to a Trust is not necessarily a taxable event. However, with inheritance, different states have different inheritance tax laws. LA has no... Read more »

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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can a landlord claim we caused damages 2 years after we moved out?

Supposed damages have not been itemized in any way. Landlord refused contact attempts until suddenly claiming damages nearly 2 years after we moved.

Christie Tournet
Christie Tournet answered on Aug 13, 2018

Not if a notice of damages with an itemized statement of the damages v. the amount of your security deposit was not initially sent by Lessor within 30 days of termination of lease.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Louisiana on
Q: What should happen when the settlor of a trust dies?

What are the necessary steps to take in the event of a settlor's death, generally speaking?

Christie Tournet
Christie Tournet answered on Aug 13, 2018

The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the... Read more »

2 Answers | Asked in Probate for Louisiana on
Q: Where do we go to start probate?
Christie Tournet
Christie Tournet answered on Aug 3, 2018

You'll need an attorney to assist with a judicial opening - specific pleadings and processes must be followed. You will file in the parish of the Decedent's domicile/residency.

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2 Answers | Asked in Estate Planning for Louisiana on
Q: Can heirs open a single succession, 2 decedents (mother and daughter [only heir of mother] in one pleading/petition?
Christie Tournet
Christie Tournet answered on Jul 18, 2018

Yes, as long as you are filing with the same court/same jurisdiction.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: How do you dissolve an involuntary trust in Louisiana?
Christie Tournet
Christie Tournet answered on Jul 13, 2018

A trust is dissolved or terminated in accord with the terms of the Trust. If it requires a transfer of real estate, then, usually a quitclaim deed is also done to update title.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: How do we keep neighbors from squatting on land we recently purchased?

We bought 2 acres in St Tammany Parish, LA about 2 yrs ago that the neighbors have “helped themselves” to for several years prior. We can’t keep them off the property (their driveway crosses the property line, they dug a pond that is 80% on our land, and their trampoline and swing set are on... Read more »

Christie Tournet
Christie Tournet answered on Jun 27, 2018

If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: If I have a will from another state do I need to make a new one after moving to Louisiana?
Christie Tournet
Christie Tournet answered on Jun 14, 2018

You don't have to, but you should - at some point. Louisiana law does recognize, and give effect to, Wills drafted outside of LA that comply with the state's laws for where the Will was drafted. However, once you move to Louisiana and become a Louisiana resident, you are subject to its... Read more »

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