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Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Divorce, Estate Planning and Child Custody for Louisiana on
Q: Can husband take kids and car from me and move out and then say I can’t have the kids until I have a car?

Husband has taken the kids and car and now living at his moms. This leaves me and the oldest son who is not biologically his but has been raising since 2, he is now 9, with no vehicle. He said he won’t let me see the kids until I get a car. He makes more money than I do and we have always shared... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 4, 2022

Find a cheaper place to live and leave. Hire a divorce lawyer and get a car.

0 Answers | Asked in Estate Planning, Business Formation and Business Law for Louisiana on
Q: Can a living trust be established after the fact, if one spouse died in Nov 2020, leaving remaining spouse?

My parents were in the process of establishing a revocable living trust when my Father died. My Mother has been seriously affected by his death & has been unable to proceed.

2 Answers | Asked in Estate Planning for Louisiana on
Q: Hello I am a heir need a lawyer to help write up a succession to transfer over the property
Myrna Arroyo
Myrna Arroyo answered on Dec 14, 2021

You can call our office for a free 15 min consultation.

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2 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: Hello. If a succession was done wrong how do I go about getting it amended?

Father passed away. Succession listed separate property as community property giving his wife usefruct over property. He owned it before they married. Now the rightful heirs of the property want to fix the succession.

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 2, 2021

You need to have the paperwork amended-----again, the best way to do this correctly and efficiently is to hire a succession lawyer in your area to guide you through the process. Good luck.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Which state would govern an estate of someone who was domicile in Louisiana with immovable assets located in California?

The immovable asset is real estate located in California and was purchased with community funds.

Nina Whitehurst
Nina Whitehurst answered on Oct 28, 2021

Both. You have a main probate in Louisiana and an ancillary probate in California.

1 Answer | Asked in Tax Law and Estate Planning for Louisiana on
Q: What should I do about a Property Sale Tax letter I received for a house I don't live in but was willed to me

My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 26, 2021

At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an... Read more »

2 Answers | Asked in Estate Planning for Louisiana on
Q: When executor, unmarried no children dies does mother take over ?

Where does a mother begin ? A firm has most recent will.

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 20, 2021

This sounds like there may be some contested issues----if so, I recommend that you contact a successions/probate attorney in your area to ask specific questions and the attorney can also ask you specific questions so that you can get specific information about your situation. Good luck.

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 13, 2021

I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.

4 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my 17 year old nephew sign a a t of donation form to donate his portion of the house to me or does he have to be 18

My parents passed away and left the house to the children but my deceased brothers children wants to sign their portion of the house to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2021

No a 17 year old cannot donate an interest in house to you.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Do we need to have an acceptance for POA?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 16, 2021

I always have the mandatary (powerholder) sign off accepting the mandate (power of attorney). To my knowledge, acceptance of a Mandate (power of attorney) is not presumed in Louisiana.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I need the Louisiana statute that describes a revocable trust avoids probate court. Or where can I look this up ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 17, 2021

The Louisiana Trust Code begins at La. R.S. 9:1791. You can page through the sections at the website of the Louisiana legislature. Hit the forward arrow button. http://legis.la.gov/legis/Law.aspx?d=106739

Alternatively, you can use this website...
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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

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2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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2 Answers | Asked in Estate Planning for Louisiana on
Q: I have Durable Power of Attorney over a love one who is terminally ill. Does that allow me to sign off on lawsuit

paperwork which was settle.

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

I am sorry to say that it is not possible to answer your question without reviewing the power of attorney instrument. It might or might not contain that authority.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are legal heirs to my deceased sister's estate. Her husband Re-titled her vehicle to his name. What can we do?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

Hire a successions attorney to open your sister's succession.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I have a question about a trustee's power of discretion that is listed in the trustee power's section of my dad's trust.

The following is listed in the section listing the trustee powers. Does the following language mean the trustee can distribute assets as they see fit?

"To make any divisions and payments pursuant to the terms of this Agreement, using cash, securities real estate or other property of... Read more »

James Scott Ruel
James Scott Ruel answered on May 24, 2021

You should have a lawyer review the entire trust.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I just found out my ex wife sold my deceased father's jeep .. can I file charges against her?

Jeep was left on property that we still both own but she lives there... I was given no notice . The Jeep was part of my father's estate

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2021

How could she transfer the title? Yes call the Sheriff's office.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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