Marksville, LA asked in Probate for Louisiana

Q: Dad died 2 sons inherited everything but his siblings wont give us the keys to truck or camper how do we get the propert

His sis in law is on his checkbook to pay his bills and they want to buy a huge headstone with the 10,000 in bank but he never said that. If shed on the account does she get the money do his heirs have right to close account he had no debt

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: If you have family fighting over this, then you need to hire an attorney to protect your interests---- Use the Find a Lawyer tab and search for succession/probate attorneys in your area-----some will provide a free initial consultation----after you speak to a few, hire the one with whom you are most comfortable.

Theodore David Vicknair Sr. agrees with this answer

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: If you only want to fight over the vehicles that are at issue, and you want to do this on the cheap (give up the cash and don't worry about the headstone) and the father died without a Last Will and Testament, you can fill out an Affidavit of Small Succession with the DMV and obtain a title on the truck and campter directly from them. All persons having an inheritable interest in the vehicle and camper must sign the Affidavit. But getting the truck and camper in your possession may be another story if they are possessing it and the sheriff is called when you go to pick up the truck and camper.

Therfore, it may be a foregone conclusion that you will have to hire an attorney to ask the judge to appoint a responsible person as the administrator of the succession. That administrator would have the right and duty to collect assets (including the truck, camper, account), pay succession expenses (pay for a headstone), and transfer his personal account into a succession acccount, assuming the administrator obtains a tax identification number from the IRS.

Otherwise, I agree with the answer of Randy Bryan Ligh.

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