There are ways to ask the court to partition the property. For example, an absent heir can be represented by an attorney appointed by the court to try to contact that person.

What needs to be done to sell the home depends on the value and whether title to the property is clear of liens and debts. The will must be filed with the court for acceptance (to determine its validity) and If there are no mortgages on the home and no debts of the estate, you could either sell... View More

Unfortunately, the handwritten will not be accepted by a court. A handwritten will must be dated and signed by the person making the will. However, if your husband has siblings or his dad's spouse is still alive, they may be willing to donate their interest to him. In addition, Louisiana does... View More

In general all property owned by the deceased forms part of the estate other than certain financial accounts where a beneficiary or heir is already named (i.e., IRS, life insurance, retirement benefits) I recommend that property be fully described to ensure the judgment of possession will... View More

I recommend that a succession be opened as soon as possible, whether there is a Will to probate or not. Waiting to open a succession rarely improves the issues that may be facing a family. having the Will probated (acknowledged by the court) and having the executor or administrator appointed early... View More

There are so many variables that may be contained in a living trust that it is difficult to answer. In general, estate tax is imposed on the value of the estate and is owed by the estate rather than the beneficiaries. In addition, you would have to identify what assets are part of the taxable... View More

I am not sure I understand the question. However, presuming the deceased's Will did not create a Trust, the property would be distributed according to the terms of the Will. If the person died intestate (without a will) his property cannot be placed into a trust and the default rules on... View More

Louisiana law gives either co owner, regardless of percentage of ownership, the right to seek partition of the property. Depending on the size of the property, this may either be by dividing it or by requiring it to be sold and proceeds split per percentage ownership. The court requires a recent... View More

Usually, a surviving spouse handles the succession of the deceased spouse. If both are deceased, their children open the succession. If there are no children, but surviving siblings, they would usually open the succession. In Louisiana, a creditor may also open a succession if no heir or relative... View More

Louisiana law requires co-owners of property to obtain a judgment of possession to have clear title to immovable property (your home and land) when one of the co-owners die. This is true whether you are related to each other, are married to each other or are simply co-owners of land. The concept is... View More