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... View More

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.

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... View More

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.

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

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.

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... View More

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... View More

While there is no legal requirement to open succession within a certain timeframe, sooner is always better for coordinating heirs, accessing documents and obtaining information for the succession, and for reduced costs and timeline.

Depends. Generally, a living trust is established during one's lifetime and are revocable. Thus, transfers to the trust are not exempt from the person's estate the gave to the Trust. Once a Trust is established, it may have its own income tax liability. Whether Federal estate taxes are... View More

No - not without a succession of some form being done. Specifically, as to real estate and other titled assets, the title will show in the Decedent's name and to have the heirs/beneficiaries show as the correct, new owners some form of succession must be done. Also, you cannot simply have... View More

No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about... View More

No. Once someone passes, you cannot create any trust as to those estate or succession assets. Rather, you must do a succession and the estate must be transferred either by terms of a Will, or by default, LA law.

Lots of variables here. Not sure why an estate is still open 3 years, when the value appears relatively modest. Successions - unless contested - should not have to reach a "discovery" stage. Also, if your brother passed without a Will, then his estate should go to his heirs, either his... View More

If your mom passed without a Will, her estate is transferred to her, default legal heirs, her descendants/children. But, the transfer in title is not automatic - a succession must be done. Depending upon the value of the estate, an attorney may be able to do an Affidavit of Small Succession.... View More

Under La law, a Testator can execute a Will leaving his/her estate to whomever/whatever it pleases - for example, a neighbor, friend, or charity. The only exception: you cannot completely disinherit a forced heir. The court will still uphold the Will and Testator's intentions, but if a... View More

Yes. There are a lot of other factors at play, however. Was the Uncle married? If not, did the Uncle have only separate property? No children? If the uncle's siblings are the only heirs, they may be able to take the property via succession - depends upon solvency of the estate, but a... View More

You can probate a fully executed copy. Try the family attorney and other family members. If no original, or copy, can be found, the legal presumption is intestacy (no Will).

Only by a Will in valid form can you disinherit a child. But, even further, you can leave your estate to whomever you want - a spouse, sibling, neighbor, friend, or charity. The only exception to disinheriting a child, or leaving a child completely out of the Will is for forced heirs - Children... View More

It depends. While anyone may open succession, generally those standing in line to inherit do so. Thus, what will happened during a Succession as to your sibling's property depends upon the nature of the property - was it community or separate? And, did the sibling have a Will. Getting with... View More