Get free answers to your Estate Planning legal questions from lawyers in your area.
In Louisiana law what age limit was a forced heir in April 1991?
Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.
Does this law apply to a last will and testament that was written in 1991?
Or does the... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.
Since the law changed on... View More
He did make initial payments and then fell behind and now fails to return any calls or communications or make payments
answered on Sep 28, 2024
Something definitely sounds suspicious, and there appear to be some conflict of interest issues and possible violations of the Attorney Rules of Professional Conduct. You should contact the LA Office of Disciplinary Counsel to discuss the matter with them and file a complaint... View More
Also I had durable power of attorney because he was mentally incapable of handling important issues.
answered on Jul 30, 2024
Since you refer to written documents it is probably best to have a lawyer look at the paperwork and then provide an opinion to you. That said, the directive(s) of the will is based on what the testator has at the time of death. If the testator validly and legally donated property before time of... View More
None of the income benifercaries ever received any of the properties and bank accounts and 219 shares of stocks in ouachita national bank. All accounts are cod accounts and are still open never managed trust correctly. Now there is no body managing trusts can I file new jop naming new trustee and... View More
answered on Jun 26, 2024
I do not know how much money and/or the value you are discussing but there seems to be some worth here--as such I strongly discourage you proceeding without an attorney--------my advise is that you use the Justia Find a Lawyer at the top and search for a lawyer in the area you are located and the... View More
Wehave been together for over 10 years. About 2 years ago his cousin told his dad that I said something that was't true. His dad disowned him and changed the will to exclued my boyfriend He is an only child. We have text messages showing the decline in his dad'' mental health. We... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024
Consult with a competent LA attorney. But boyfriend will have standing to contest the Will. But it does not sound like you have grounds for a successful Contest.
When me & my husband got married, we got a joint bank account and my mother in law asked to be power of attorney. Not knowing what it all meant I said yes. I am still learning what it all means as of now being that a friend informed me when I bought up the subject, so I was told to ask... View More
answered on Jun 5, 2024
You have concerns and rightfully so----however, your post is unclear in that you state that your mon asked to be power of attorney and we do not know who has given her power of attorney and to what extent she was given power of attorney. I believe you really should sit down with an attorney to... View More
before my dad passed (my uncle died 1st) he hired a lawyer and paid to have the house put in his name because he wanted to sell the property. my dad passed and the will has my cousin (my uncles oldest and me, my dads oldest) left on the will, I spoke to the lawyer about my dads passing and he said... View More
answered on Apr 2, 2024
Sounds like you need to have a longer conversation with the lawyer to get a clearer understanding of what's the holdup here. If yoou are unable to have that conversation with the lawyer, then you may want to consult with a different lawyer in the area. Alternatively, if you have a personal... View More
answered on Mar 20, 2024
More information is needed here as the use/applicability of a POA is different than the use applicablity of a will. A POA is in effect while the person is living. The provisions of the will are not applicable until after the person passes. I highlty recommend that you set up a consultation with... View More
There is 3 estates involved. My Dad my brother & my sister who passed. The will has been denied 2 times before the court & is now before the appellate court. He also sold his car, turned his truck over to their Mom & cleaned his bank account out. The so called will is just a note my... View More
answered on Jan 10, 2024
Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More
She passed away on December 22nd of this year so I don't know what happens after that if I don't understand anything about probate or succession I just wanted I just want a copy of her will
answered on Jan 8, 2024
I am sorry for your loss. While you indicate you just want a copy of your Mom's will, my recommendation is that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate as well as the probate process, including your rights. If your sister is... View More
I need two witnesses to a Declaration of Paraphernality in Covington, Louisiana. Is there an age requirement for witnesses? My Stepdaughter and her son are available to act as witnesses tomorrow. The son is 18 years old. May he be a witness recognized by Louisiana law?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
In Louisiana, the age requirement for a witness to an authentic act, such as a Declaration of Paraphernality, is generally 16 years or older. Therefore, your stepdaughter's son, who is 18 years old, meets the legal age criteria to act as a witness for the document. It's important to... View More
Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More
We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q
answered on Dec 11, 2023
You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2023
In Louisiana, a deceased person cannot be put on a deed since a deed is a legal document used to transfer property rights from one living person or entity to another. However, if the deceased person owned property, their interest in that property will pass according to Louisiana's succession... View More
What reason would he need me to do that.
answered on Jun 5, 2023
You do not indicate how old you are or the relationship you have with your father. Regardless of these answers, I would suggest that you contact a succession lawyer in your area and discuss your rights. Ir if you are out of Louisiana, and the property and your father are in Louisiana, then... View More
Scam or worth hiring an attorney
answered on May 10, 2023
Save your money friend. It's likely a scam, especially if you were contacted via email. Ask yourself why a distant relative would leave so much money to someone he/she hasn't met, and how they managed to find your email address.
I have it almost paid for. But I want this done, just incase of my untimely death. It's in a lease purchase agreement under my name.
answered on May 9, 2023
This is what I tell people----when you pass, you want to make sure that your wishes and desires for your assets go to where you want them to go and the best way to make sure this happens is through a will prepared after consultation with a will/succession lawyer----as such, I recommend that you... View More
beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done?
answered on May 1, 2023
Sorry for your loss.
It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a... View More
My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.
answered on Mar 23, 2023
It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... View More
Hello,
I was wondering, what happens, if I exclude my children from my last will and leave everything to my spouse, but list one of the children as a beneficiary in case my husband dies before me.
Would it be a conflicting information that could possibly lead to considering the last... View More
answered on Mar 13, 2023
You are correct in that it could be improper but by itself it probably would not invalidate the rest of the will-----that said, your post shows why you should hire an attorney to prepare your will so that it is drafted correctly and provides what you want to happen to your estate upon your passing.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
