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For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More 
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answered on Oct 31, 2024
When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More
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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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
My father passed away at a Florida assisted living facility while still a legal resident of Louisiana (filed state taxes and has property in Louisiana). His widow has now removed my sisters and I from the original community property will using a Florida attorney. She is attempting to liquidate... View More
answered on Oct 23, 2024
You need to hire an attorney or attorneys who are familiar with both Louisiana and Florida successions/probate laws. Your immediate action is essential to being able to protect your family's rights. Your question is much too complicated and involved for a forum such as this. Good luck.
A sibling filed and was granted representative of my mother's estate in Shreveport, LA. I was not aware of the filing until after the process began. (I reside in Texas). I did not have the opportunity to contest it. He has been transparent and has not communicated during the process. I have... View More
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answered on Sep 23, 2024
Hire a LA attorney as a trial will be required. Lawyer will have you as a witness to put on proof.
My mom passed 11/23. He instantly got in her suv. What rights if any does he have to drive it? What happens when its time for the insurance to renew? Shouldn't the tags be pulled? Also, she was married but they are claiming community property, I say wrong because she bought it with money she... View More
answered on Sep 9, 2024
You have a lot of questions and more information is needed---my suggestion is that you seaarch for a succession/probate lawyer in your area---set up a consult and at the consult ask your questions----at the end of the consult you can decide if you want to hire that attorney or if you need an... View More
My father's LW&T is being probated/Succession process in Natchitoches, Louisiana. The executor claims he may charge the 2.5% [of the estate's value of about $1 million] regardless of how much time spent administering a very simple estate. We heirs have requested he use a reasonable... View More
answered on Aug 20, 2024
You can file legal paperwork in the succession suit record seeking review of the executor's charge. That said, before you do so, I highly recommend that you consult with 1 or more succession lawyers on this issue and see what, if anything, they have to say after hearing the specifics of your... 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
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
But the neighbor could not produce tje original. But I was told by attorney the he did the new will and that will was valid even though no original was produced! So I walked away leaving her his estate. Now almost a year later she has filed criminal charges against me saying I stole her original... View More
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answered on Feb 9, 2024
In Louisiana, the situation you describe involves complex issues of probate law and potential criminal charges. If a new will was mentioned but the original could not be produced, and an attorney advised that this new will was valid despite the absence of the original document, the legal basis for... View More
I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More
answered on Feb 9, 2024
I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... 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
A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More
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answered on Jan 1, 2024
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... 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
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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
2nd marriage for both. She wasn't left anything in his will except usufruct.
answered on Sep 11, 2023
Based on your post, the need for the usufruct no longer exists and the people who are supposed to received the property subject to a usufrust no longer have to worry about the usufruct. That said, I recommend that you contact a probate/succession attorney in your area and have a specific consult... View More
answered on Sep 7, 2023
It is possible, however not enough information is provided, and anyone providing you with an intelligent answer will want and need to do some research, including a review of the public record, before providing you with an answer---my suggestion is that you contact a real estate lawyer and/or a... View More
We were not together when she died. She was married to someone else. We never did anything with the home. I still live in the home. She does have one child with me and one child with someone else. We are in Louisiana. I am on the deed to the house but not the loan for the house. I have paid on the... View More
answered on Aug 23, 2023
You really should speak to a succession lawyer in your area to make sure you have a clear understanding of your rights. Someone may open your ex-girlfriend's succession and that lawyer may reach out to you, however that lawyer does not represent you --hence the reason you should at a minimum... View More
3 policies purchased in the 70s
beneficiary was changed twice, lastly to my dads oldest son
they had a falling out about a year prior to his death
dad changed his will to exclude his son from getting anything
multiple people including non family members know of the... View More
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answered on Aug 22, 2023
You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More
The deceased brother printed his name using his nickname and the other brother signed in cursive.
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answered on Aug 4, 2023
Probably not. No testamentary intent shown. Possibly no witnesses.
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