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Louisiana Estate Planning Questions & Answers
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Estate Planning, Nursing Home Abuse, Probate and Personal Injury
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Q: How can I address unauthorized changes to my father's burial policy and retrieve his ashes?
My father's burial policy initially listed my siblings and me as beneficiaries, with his sister overseeing his affairs while he was in a nursing home with dementia. After spending a year caring for him, changes were made without notifying me or my other brother. His policy was canceled, and he... View More 
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James L. Arrasmith
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answered on Jul 11, 2025
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answered on Jul 11, 2025
What happened to you is heartbreaking, and your grief is made even harder by being left out of such an important process. If you were named as a curator or beneficiary in your father's burial policy, you had a right to be informed and involved. Any significant changes—such as canceling the... View More
Q: How can I locate and access trust funds without specified location?
I have a judge's order to have my funds released from a trust now that I'm no longer a minor, but the order doesn't specify where the funds are held, nor do the court documents. I've contacted the court, but they were unable to provide any information about the location of the... View More
Randy Bryan Ligh
answered on Jul 8, 2025
answered on Jul 8, 2025
You probably should start with your father and see if he can/will provide this information. If he is unable/unwilling to voluntarily do so then I suggest you seek a legal consultation with an attorney in your area to discuss how to proceed which could include filing paperwork to bring your father... View More
3 Answers
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Estate Planning, Personal Injury, Nursing Home Abuse and Civil Litigation
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Q: Life insurance beneficiary change by niece without notice; mother in LA diagnosed with dementia.
I live in Arizona but my mother lives in Louisiana and was diagnosed with Alzheimer's/Dementia. While she was in a care facility and I gave my niece permission to handle medical Power of Attorney issues, my niece changed my mother's life insurance policy to make herself the sole... View More
Douglas Lee Bryan
answered on Jun 20, 2025
answered on Jun 20, 2025
You need to speak with an attorney immediately to discuss your, and your mother's, rights. I would suggest perhaps filing to have your mother provisionally interdicted and attack her competency now, before your mother passes away. Once she's deceased, it will be more difficult to prove... View More
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Family Law, Estate Planning, Probate, Landlord - Tenant, Civil Litigation and Real Estate Law
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Q: How can I challenge my brother's claim on inherited property in Ringgold, LA?
My mother, who's on hospice in a Ringgold nursing home, has a will filed in Bienville Parish on November 14, 1997, naming me as Executor, with instructions for my siblings and me to decide on property matters excluding spouses. My younger brother, who is Curator and lives in her home on Hwy 4,... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
You have every right to challenge your brother’s actions, especially if he is overstepping his authority as Curator and violating the terms of your mother’s will. In Louisiana, a will does not take legal effect until after the testator passes, so while your brother currently has legal control... View More
Q: How to address discrepancies with a POA managing a property sale in Louisiana?
I am involved in the sale of undeveloped land in Zachary, Louisiana, which is to be divided among my six siblings and me. We have given a Power of Attorney (POA) to someone to sell the property and manage the finances. However, the financial calculations presented by the POA don't seem... View More
Randy Bryan Ligh
answered on May 20, 2025
answered on May 20, 2025
More information is needed here ---for example, is the POA actually a POA, and if so, did all 6 siblings give the agent the POA --I ask because if this is a simple POA, then the principal can simply revoke the POA. Or is the POA actually your agent under a contact to provide services----if there... View More
2 Answers
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Elder Law, Military Law, Nursing Home Abuse, Estate Planning and Personal Injury
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Q: How to remove POA refusing memory care for elderly veteran with dementia?
I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and... View More
Randy Bryan Ligh
answered on May 9, 2025
answered on May 9, 2025
If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More
Q: Does POA over my dad pass to us and affect debt inheritance?
My parents are divorced, and my brother and I were recently informed by our dad's family that we have power of attorney (POA) over him. We are concerned about our responsibilities, especially regarding our father's debts after his passing. Additionally, his family is involved in the... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I'm really sorry you're facing this—it’s a lot to process, especially when family dynamics and legal issues collide. First, it’s important to understand that a power of attorney (POA) does not “pass on” to anyone after your father’s death. POA only works while the person is... View More
Q: Concern about medical POA being challenged by mother-in-law in Louisiana.
I have been designated as the medical power of attorney for my wife, and we've completed her living will and medical POA, needing only notarization. Previously, my mother-in-law expressed intentions to disregard my wife's wishes about life support and threatened to commit her to a mental... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I'm really sorry you're dealing with this. Wanting to protect your wife’s medical wishes while facing opposition from a close family member is incredibly stressful. It’s clear you care deeply and just want to make sure her voice is respected, especially when she may not be able to... View More
Q: Beneficiary seeks court action to compel fiduciary for accounting due to embezzlement proof.
I am the beneficiary of a trust, and I have solid proof that the fiduciary is embezzling from my estate. She has refused to provide trust documents or an accounting. What form or legal action can I take to file with the court to compel her to produce these documents and provide an accounting?
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Anthony M. Avery
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answered on Apr 20, 2025
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answered on Apr 20, 2025
Hire a LA attorney to sue trustee for breach of fiduciary duty, conversion, etc.
Q: How to transfer vehicle title after mother's death in Louisiana?
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
Christie Tournet
answered on Mar 25, 2025
answered on Mar 25, 2025
The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More
Q: How to find my father's will for his bank after he passed away in 2020 in Louisiana?
My father passed away on June 29, 2020. He mentioned that he included my brother and me in his will, but he never told me where it was located. I need to find out how I can obtain his will, specifically concerning his bank assets. What steps should I take to locate the will or identify the... View More
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Anthony M. Avery
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answered on Mar 20, 2025
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answered on Mar 20, 2025
Hire a competent LA attorney to probate his Estate without a will. If you find the will, then you can use it.
Q: What does Et Ux by Donation Inter Vivos and Grant First Right of Refusal mean
My husband passed away and a piece of land in his succession has this statement on this piece of property. I am his survivor and inherit his estate do I get this piece of land
Randy Bryan Ligh
answered on Mar 19, 2025
answered on Mar 19, 2025
More information is needed here and specifically, perhaps a review of the document itself because unless someone reviews it, one is really just guessing as to what is actually intended. It may be the donation is to husband and wife but that's simply an uneducated guess if one does not have... View More
Q: Concern about power of attorney and home donation.
I am concerned about a situation involving a power of attorney. My mother, who has dementia, signed a power of attorney document that she could not comprehend. Currently, my father holds power of attorney over her. My nephew, who has power of attorney over my father, was donated the family home... View More
Randy Bryan Ligh
answered on Feb 14, 2025
answered on Feb 14, 2025
How should you approach it? I think you and the relatives on your side should immediately consult an attorney to discuss the specifics and determine options and the best way to proceed at this time. While you may decide against formal legal intervention, you at least should have a legal... View More
Q: Can father donate home if mother has dementia and unclear POA?
My father holds power of attorney for my mother, who is suffering from dementia. My parents jointly own their home in Louisiana. My mother may not have fully understood what she signed regarding the power of attorney. Can my father donate their home under these circumstances, both with or without a... View More
Randy Bryan Ligh
answered on Feb 14, 2025
answered on Feb 14, 2025
Based on your post: (1) father can definitely donate his interest in the home; (2) as to the interest owned by your mother---if the power of attorney signed does not allow for this type donation/transaction, then then father cannot---you have to review the language of the power of attorney... View More
Q: How much should it cost to title an already-owned property in Louisiana to a trust? I got one quote for $2K. Seems high.
Randy Bryan Ligh
answered on Jan 23, 2025
answered on Jan 23, 2025
More information is needed on this included but not limited to what exactly are you seeking to do, how many properties, whether or not a title search is requested and/or being provided. Additionally, the costs to do this include attorney/legal fees plus filing/recordation fees. $2K may be high as... View More
Q: Wife is living and the husband passed away, they acquired 5 houses together can she sale the houses without a succession
the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.
Randy Bryan Ligh
answered on Dec 20, 2024
answered on Dec 20, 2024
If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?
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
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James L. Arrasmith
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answered on Oct 29, 2024
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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
Q: My attorney got me to transfer$91,000 from ira / sep into his reit he refuses to return calls or make payments
He did make initial payments and then fell behind and now fails to return any calls or communications or make payments
Douglas Lee Bryan
answered on Sep 28, 2024
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
Q: My husband daughter had him to do a will on his property after he signed a act of donation to me is that legal.
Also I had durable power of attorney because he was mentally incapable of handling important issues.
Randy Bryan Ligh
answered on Jul 30, 2024
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
Q: Need to file new judgement of possession on great grandparents trust due to the trustee listed is passed away ??
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
Randy Bryan Ligh
answered on Jun 26, 2024
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
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