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
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
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
Money for the rent on theses properties?
answered on Jan 1, 2024
In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.
If your mom owned the rental properties jointly with your... 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
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
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.
answered on Aug 4, 2023
Probably not. No testamentary intent shown. Possibly no witnesses.
I have 2 siblings both have taken everything and kept the house I've gotten nothing and now since they have what they wanted they don't want to do anything and it's been over 3 yrs he passed
answered on Aug 4, 2023
You will need to hire a LA attorney to search the title and examine a Probate file if one was filed at Court. It may be called Succession there, but a LA attorney will know if there was a Court administration of the Estate or not. House may be the only asset left, which may need a Partition.
I've been paying the mortgage. The property that was not willed to me was not addressed in the will at all. The estate is partially testate/intestate. The family refuses to pay anything on the mortgage. If I payout the entire mortgage will I then own all of the land used as collateral ?
answered on Jul 20, 2023
I would recommend drafting quit claim deeds from each of the other legatees and all heirs of the Decedent. They should convey under any and all sources of title, and very detailed derivation of title clauses should explain this. Hire a competent LA attorney to draft those deeds and to ask each... View More
I am the executor of my husband’s will. I am having difficulty getting the land transferred into the legal heirs name. I need advice on how to get this resolved. I have talked to the Acadia Parish Tax Office to no avail.
answered on Jul 5, 2023
If your husband had a will, it will need to be probated to have the land transferred. This can be done by way of a small succession affidavit, if his estate is valued at less than $125,000, or by filing a petition for probate with the court. An attorney experienced in successions law can give you... View More
My parent died last year, from what I’ve read me and my sibling inherited 50% of their community property per Louisiana law. Are we required to pay off the deceased parents medical bills and taxes on their property? There was no will, and our step parent was sole beneficiary on life insurance and... View More
answered on Jun 23, 2023
If you accept a succession's assets, then, you must also accept any related, valid debts. Now, you may be able to negotiate unsecured debts, like medical expenses and credit cards, down, but items like mortgages and taxes will have to be paid in full. If there was no Last Will, and your... View More
answered on Jun 21, 2023
Assuming your father did not have a will, his children would inherit 100% interest in his separate property.
I know he had a 401k through Shell, I contacted them and was told they already sent what was in it to his estate. My aunt and uncle have the info for all his accounts but will not release it to me because they're trying to make me make them administrators so they can take my inheritance. What... View More
answered on Jun 16, 2023
You should hire a probate lawyer in or near the county where your father was living at the time of his death to probate his estate and ask that you be appointed independent administrator of his estate. Once appointed, you will have the right to receive information and assets like the 401k as the... View More
I have been name administrator of the estate, I was married to the decedent at the time of purchase of the property, I am on the mortgage but not the deed. Our son has file an objection of the sale.
answered on Jun 7, 2023
This is my advice to anyone involved with the sale of immoveable property----get an attorney involved--you want it done correctly so that someone in the future does not come back and place a cloud on the title of the property. Being that it is involved in a succession, I re-emphasize this advice.... View More
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