Get free answers to your Probate legal questions from lawyers in your area.
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
Lawyers, want to be a Justia Connect Pro too? Learn 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.
answered on May 5, 2023
If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... View More
The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions?
answered on May 5, 2023
It is hightly recommended that you consult a succession lawyer in your are to discuss the specifics of this situation, including whether the best way to proceed in this matter. Also, in reading your post, it is not clear if there is a will for either deceased person or you are relying upon the... View More
Person is deceased no known beneficiaries
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023
An Affidavit of Heirship, even when recorded, does not convey interests in real property. It tells the world of certain persons rights as Heirs At Law, and becomes their source of title for later conveyances and present titled ownership.
Have a small insurance check made out to the estate of my deceased mother and an heir to her estate that wants to take over the lien on her vehicle. They total under $22,000.
answered on Apr 10, 2023
In part due to my being an attorney but more so because the "experts" on this subject are attorneys, I suggest that you consult with an attorney to specifically discuss your Mom's estate and determine the best path forward. If, after speaking/consulting an attorney you determine... View More
answered on Mar 23, 2023
You can do so, however successions are not that expensive and if real property is involved, then you want to make sure the paperwork is properly done so that in the future you do not have to unexpectedly fix something due to not utilizing a lawyer at this time.
There's is forged will being put Into picture and the sons are arguing it is the real one.
answered on Mar 11, 2023
A Louisiana attorney could advise best, but your question remains open for four weeks. You need an attorney who deals with Estate Planning and Probate. From your chosen categories, you're already in the right direction. You could search attorneys on your own, use the "Find a Lawyer"... View More
Grandmother passed 2 years ago, will leaves it all to their 3 children. Grandpa passed a month ago and leaves it all to me and my brother. Whose stands? How is community property split?
answered on Feb 13, 2023
Since two successions will need to be open, i highly recommend that a successions/probate attorney in the area your grandparents passed be contacted and hired to handle both matters. You do not indicate if grandpa had a will but since it does not go to all children, the most likely there's a... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
