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... View More

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,... View More

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.... View More

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... View More

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.

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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,... View More

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... View More

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.

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... View More

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.