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Questions Answered by Morgan Travis Allison

3 Answers | Asked in Estate Planning for Louisiana on

Q: Is a succession necessary if the person has no legal heirs just a surviving spouse?

Morgan Travis Allison answered on Mar 3, 2018

Yes. A succession is necessary to transfer ownership to whomever inherits and to separate out the spouses' interests in the community property.

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2 Answers | Asked in Estate Planning for Louisiana on

Q: Louisiana Law, what does it mean when the will says "estate shall pass to my descendants, per stirpes?"

My grandfather passed away and left his house to my Aunt(Daughter A). She passed away before he did. The will state, If "daughter A" predeceases me, then the bequest to her of the house shall lapse, and the house shall pass with the remainder of my estate to my descendants, per stirpes.... Read more »

Morgan Travis Allison answered on Feb 15, 2018

"Per Stirpes" means "by branch" as opposed to "per capita" which would be by the person. So, in this case, daughter A's children receive her share and each gets 1/4 of it.

Daughter B would have to split the property with Daughter A's four children, but not evenly. Daughter B would get half...
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1 Answer | Asked in Estate Planning and Civil Litigation for Louisiana on

Q: What is Louisiana civil code 996 and where can I get a copy

Morgan Travis Allison answered on Nov 21, 2017

You can get all of Louisiana codified state law here: https://www.legis.la.gov/legis/lawsearch.aspx

There is no Civil Code Art. 996 nor code of Civil Procedure Art. 996. Not sure what you are looking for.

2 Answers | Asked in Estate Planning and Intellectual Property for Louisiana on

Q: My grandmother in 2012, both died intestate. Can I inherit my dads property if his name is not on my birth certificate?

My dad died in 2000 and my grandmother died in 2012, both died intestate. I'm an adult and I'm can't prove paternity, because my dad's name is not on my birth certificate. Is there anything else I can do? Am i legally an heir?

Morgan Travis Allison answered on Nov 9, 2017

There are other possible ways to prove you are an heir. A DNA test comparing your DNA to one of your dad's siblings might work. Also, witnesses could testify to facts that would suggest he was your father. Did he ever say he was, or act like he was? You would have a better case with a birth... Read more »

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1 Answer | Asked in Insurance Defense and Probate for Louisiana on

Q: whole life insurance my father purchase for me part of succession ? I name insured

Morgan Travis Allison answered on Sep 1, 2016

If you are the named beneficiary, the proceeds go directly to you. They are not part of the succession, though they do count towards the estate tax exemption.

1 Answer | Asked in Estate Planning and Probate for Louisiana on

Q: Hi my Aunt passed away this weekend. Is a successor required to handle her estate?

She was married once and sivorced her ex husband has passed away, she has no children. She has a spreadsheet with death disbursement, she apparently has an updated will that cannot be found. The only will we found is handwritten quite a few years ago. She has possibly four accounts with money and... Read more »

Morgan Travis Allison answered on Sep 1, 2016

An executor of the will would need to be appointed by the court. Basically, to do this, you would pick the bast person related to her you can think of - probably you, I'm guessing, and a petition would be filed to probate the will and asking the court to appoint you as executor. If there is no... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on

Q: Are handwritten wills legal in Louisiana? If so, do they need to be witnessed and notarized?

Morgan Travis Allison answered on Sep 1, 2016

They are legal IF DONE RIGHT. If there is a mistake, though, they are worthless. I had a client who's brother wanted to save some money and tried to do his own will. It was signed and completely written in his own hand as the law requires, but he did not date it. Also, he was not absolutely clear... Read more »

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