Get free answers to your Probate legal questions from lawyers in your area.
Legally how long can they hold him?
answered on Sep 24, 2019
Probation violation so they can hold him for a revocation hearing.
My mom and her husband had Wills made up in 1992, my mom was diagnosed with Alzheimer's in 2012. Her husband tried to change the Will after a family argument. Now they have both passed within 3 months of each other. Her lawyer won't give me a copy of her WILL because of conflict of... View More 
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answered on Sep 22, 2019
If all you have written is true, you have a good chance of having the 2012 will set aside on the basis of lack of capacity. Hire a will contest attorney to help you. This is not a do it yourself project. And do not delay. If you wait to long you could find that it is too late.
With homes on them to my husband and his only sibling. My Father in laws brother owned a very small percentage of the property and homes also. He signed his portion over to my husband and his siblings very soon after my father in law passed away. My husband and his sister owned them for a couple of... View More
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answered on Sep 16, 2019
Title insurance companies are uber conservative. Any time a married person conveys property they want sign off from the spouse. It is easier than doing the due diligence to confirm that the property is indeed his separate property and that his wife has no marital or community interest or right of... View More
The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... View More
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answered on Sep 9, 2019
These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.
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answered on Sep 9, 2019
A will MUST be executed during lifetime. It is not possible for a person to create and sign a will after he or she dies.
We have to sell the place and split the money. I want to stay til we sell it and they want to kick me out and I have no where to go. I have been living here almost 2 yrs.
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answered on Aug 15, 2019
You have not provided enough information to answer your question. I am guessing, though, that you all inherited the property. Yes, the executor can kick you out. The executor has a duty to safeguard all estate assets and prepare them for sale when that is the ultimate plan of disposition.
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answered on Aug 6, 2019
Your recitation of the facts does not contain sufficient information. A probate attorney would need to know whether the great grandparent had a will and what the will said, and if the great grandparent did not have a will, who the surviving heirs were at the time that she died.
She settled the case and brought us a check for $125 and said that's what the lawyer said we come out with, but we never once met up and talked with him for anything. Now my sister is living (Like The President) comfortably, with no explanation on how she's gotten all this money... View More
answered on Jul 16, 2019
I have no idea how long ago your father died, how long ago you got the check, in which parish the claim/suit occurred, whether it was fraudulently asserted there were no other heirs. You need to hire a civil attorney, answer many questions, for which you haven't supplied information, find out... View More
Do I have to do a succession?
answered on Jul 3, 2019
Yes, the succession is the legal process to update all titles from his name, or your and his name, to your name alone by virtue of the Will. Without the succession, and the end judgment permitting the transfer of ownership, a cloud on the title will remain and you will not be able to sell until... View More
84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... View More
answered on Jun 15, 2019
Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.
I'm trying to obtain a pro bono lawyer to help assist me in gathering my dad's property house or houses an land, bank accounts, vehicles ect... An to assure all of his assets has NOT been touch sold access bank accounts or ANY ILLEGAL ACTIVITIES since the death of my dad in 2003 I feel... View More
answered on May 17, 2019
There is no such thing as a "pro bono lawyer." However, many lawyers will volunteer some of their valuable time to help out very poor folks who have very important legal problems and cannot afford to hire a lawyer.
"Gathering your father's property house or houses an... View More
Mom died and has a will leaving her share to two children. Dad is about to remarry and kids want to open succession on mom. Dad isn't going to cooperate because his new wife to be is telling him to hide his money. How do the children find out how much money was in bank accts and investments at... View More
answered on Mar 28, 2019
Retain an attorney to open her succession. An attorney experienced in handling probate law is familiar with the steps to determine what assets exist and the methodology to value them.
answered on Mar 25, 2019
Depends on several factors - was the home community property and did Decedent have children? Even if the home was community property and the Decedent had children, then, under LA default, intestacy law, the children inherit the decedent's former half interest in the community property, but... View More
The notary was good friends with my father & aunt. My aunt, who was put in charge of everything until my brother and I turned of age, sold his house to the notary. When it should have been signed over to my brother. She only paid $5000 for the I house and land and put on paper it was sold for... View More
answered on Jan 10, 2019
Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be... View More
answered on Jan 10, 2019
You have to probate the Will/open succession. You can either be appointed Executrix, if administration is necessary. Or, if you meet the requirements, you may not have to administer the estate.
Mom's living in home she's shared with my stepfather since the 70's. He's deceased. Home was gifted to him by his uncle. It's still in stepfather's name. Whole house needs major, repairs. Falling apart, top to bottom. Hubby and I are helping as much as we can... View More
answered on Jan 3, 2019
Because the Decedent did not have a Will and it appears the value of the estate is under $125k, a small succession affidavit can be done with an attorney. However, the Decedent's children will stand to inherit, as it appears the land/home was the Decedent's separate property. Potential... View More
Until just recently I never knew my fathers name, but only how and where he died.
After researching the time and cause of his death I discovered that just five months before I was born in December of 1954 a man I suspected of being my father was killed in his New Orleans business.... View More
answered on Dec 21, 2018
Unfortunately, there are a lot of factors still requiring answers and too much time may have already passed. First, if the father passed back in 1954, succession was likely opened long ago. If there was a testament, the prescriptive period to contest a Judgment probating a testament is 5 years.... View More
The incapacitated is in the hospital with a massive stroke. Is there a law that has been broken? How many witnesses must be on a poa? Shouldn't the person who is receiving the poa sign it?
answered on Dec 18, 2018
Capacity does not require that a person be lucid all the time. Rather, people with dementia, alzheimer's, stroke, etc. may still have periods of capacity/understanding (lucid intervals) at the time of entering the contract. And, yes, a person can also give another, with limited capacity, the... View More
This is the second marriage for both of them and they were married in Louisiana a community property state.......now Joe and Sue have identical wills written which states that if Joe preceeds Sue in Death or vice versa...the surviving spouse has usufruct of all of the assets, home, vechiles,... View More
answered on Dec 10, 2018
With community property, each spouse owns an undivided half interest in his/her own right. So, when Joe passed, only his half of the estate is at issue. But, you will need to address the Will language with a counselor well versed in probate - was the legal usufruct only confirmed? Or, was Sue... View More
equal shares of all assets of the (home and furnishings, money, stocks, bonds, and vehicles. Does that mean the two biological children of the woman only receive 1/8 of their mother's assets..instead of 50%?
The couple are married in reside in Louisiana (Community Property and... View More
answered on Dec 10, 2018
No. It depends who died first. You need a succession attorney
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