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Questions Answered by Regina Scotto Wedig
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

Regina Scotto Wedig
Regina Scotto Wedig answered on Nov 15, 2018

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.

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2 Answers | Asked in Probate for Louisiana on
Q: Wife passed with will leaving everything to me in Louisiana. How do I sell the home.
Regina Scotto Wedig
Regina Scotto Wedig answered on Jun 25, 2018

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... Read more »

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Ok so my husbands dad whom we lived with and took care of until day he died had a hand written will it was not signed or

Or dated or noterized but however he did leave my husband the land and many knew about it. How would we go about changing land over to my husband

Regina Scotto Wedig
Regina Scotto Wedig answered on Jun 25, 2018

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... Read more »

1 Answer | Asked in Probate for Louisiana on
Q: Does intellectual property go through probate when a person dies?
Regina Scotto Wedig
Regina Scotto Wedig answered on Jun 18, 2018

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... Read more »

2 Answers | Asked in Probate for Louisiana on
Q: How soon does the probate process start after the person's death? Can we stall?
Regina Scotto Wedig
Regina Scotto Wedig answered on Jun 2, 2018

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... Read more »

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2 Answers | Asked in Estate Planning for Louisiana on
Q: Do the beneficiaries of a living trust have to pay estate taxes?
Regina Scotto Wedig
Regina Scotto Wedig answered on Jun 2, 2018

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... Read more »

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2 Answers | Asked in Probate for Louisiana on
Q: Is it possible to create a revocable living trust (in order to avoid probate) after the person dies?
Regina Scotto Wedig
Regina Scotto Wedig answered on May 21, 2018

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Can an heir with higher percentage of ownership in a Louisiana Session force the lower percentage heir or owner to sell?

I received a partition from a Louisiana court to sell my ownership at a fair market price set by the session court. It is two heirs and each want to buy out the other, but neither wants to sell to the other. My other sibling has more percentage of ownership than me. However I have more financial... Read more »

Regina Scotto Wedig
Regina Scotto Wedig answered on May 21, 2018

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... Read more »

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: About 2 years ago my siblings and I did a succession for my deceased parents. What happens if a sibling is deceased?

Will I have to do another succession for the deceased sibling or do the surviving spouse/children have to do it?

Regina Scotto Wedig
Regina Scotto Wedig answered on Apr 18, 2018

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... Read more »

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2 Answers | Asked in Estate Planning for Louisiana on
Q: My mother and i both name on the tile of the house when she pass away do i have to do probate or what is best option
Regina Scotto Wedig
Regina Scotto Wedig answered on Apr 18, 2018

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... Read more »

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