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Louisiana Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2019

The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Is my Indiana will legal. I just moved to Louisiana.

My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Simple fix. Take it to a Louisiana estate planning attorney. Ask her to copy it and make it conform to LA law.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: DID an Act of renunciation notarized in 2011 cut off that heir's heirs or did it require a specific donee?

Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

You need to consult with a trusts and estate attorney let them review all documents.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: On the property tax paper it has my dad's name followed by et el. Both of my parents are deceased. Dad never had a wil

But my mom did. How is the property devided up if both are deceased but sucession was never done on either parent in Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2019

All your father's children and all your mother's children are now co-owners until someone opens a succession. Contact a wills and estate attorney.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I gave my sister ownership of our parent's home years ago. Since then I have moved into the home with her

Her son is presently the sole heir. Can my sister name me as the heir to the property in her will and if the will is executed properly (in Louisiana) can I then inherit the home?

Christie Tournet
Christie Tournet answered on Oct 4, 2019

Technically, yes. With a Will, you can, generally, name anyone as a beneficiary to your estate. There are 2 execptions to that general rule. One, if the property is community property, each spouse can only gift his/her half share of the asset. And, the second exception applies to forced heirs.... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: husband lost his parental rights around 8 years ago, 1 of the children was adopted, are they heirs to his estate?

oldest is 23 yoa, other that was adopted is 18 yoa

the will is signed but unfortunately he passed before getting it notarized but his mother was there when the will was discussed and knows what he wanted because they discussed it

Christie Tournet
Christie Tournet answered on Oct 3, 2019

Under Louisiana law, an adopted child can inherit both from the natural and the adopted parents. Also, unfortunately, there are only 2 valid will forms - a handwritten or notarial will. So, if the notarial will was not fully executed/notarized, then, it will not be considered valid and the estate... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Inherited home with brother and sister. I live in home, they want to sell I do not. What are my options.
Nina Whitehurst
Nina Whitehurst answered on Sep 30, 2019

If even one owner wants to sell he can force a sale by going to court. Your best option is to buy out your brothers. If you can’t swing that then maybe they would agree to let you rent their shares from them. Either way don’t try to do this without the assistance of a local real estate attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Louisiana probate question regarding if will is enforceable

Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.

Does the grandchild have a claim to the home or since everything went to grandmother... Read more »

Christie Tournet
Christie Tournet answered on Sep 27, 2019

Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 25, 2019

Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Power of attorney question in Louisiana

Are there specific wording and or a correct document or format that should be used when preparing and having a power of attorney notarized in the state of Louisiana.

Specifically it needs to be used in possibly getting a mobile home loan with the title which is in my mother’s name as... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 8, 2019

I would recommend having the power of attorney drafted by a professional to ensure that it is in the correct form. It would need to be filed with the clerk of court for a bank to accept it, as they will require a certified copy of the POA.

1 Answer | Asked in Estate Planning for Louisiana on
Q: do we file for a court date to move forward with the succession and I can get my share of the estate

The will is being contested by the family, so they will not come forward. I had an attorney probate the will and I have been appointed executor.

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

You should ask your probate attorney this question.

1 Answer | Asked in Personal Injury, Estate Planning and Probate for Louisiana on
Q: Can I reopen a case of my father's accidental death that my sister took place in and never included her other siblings?

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... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux 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 if... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Is there a statute of limitations in Louisiana on using the small estate affidavit? My g-father died intestate in 1945.

G-mother passed intestate in 1984. At time of his death, the property was worth $9,000.

Christie Tournet
Christie Tournet answered on Jun 25, 2019

No. La CCP Art 3421 defines a small succession as one where a La resident that has passed, without a will, has an estate valued at $125k or less. However, the small succession can also be used for a succession of any value, where a Decedent passed more than 20 years prior to the Affidavit.... Read more »

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on
Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: What are my rights re: succession eviction and disability in the State of Louisiana?

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... Read more »

Sye J Broussard
Sye J Broussard 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.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Louisiana on
Q: What crime has been committed if do a power of attorney that was misleading done and use that poa to further your gains.

You use this poa to defraud the probate court.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 4, 2019

Can't understand your question. Call a successions attorney.

1 Answer | Asked in Banking, Estate Planning, Municipal Law and Probate for Louisiana on
Q: Hi, my dad past didn't leave a will or trust but owned property an have bank accounts what lawyer can help me with this?

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 ILLEGAL... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick 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 land, bank accounts,...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: open succession without a surviving spouses approval or help. How do we find out how much money is in accts

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 the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan 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.

1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Louisiana on
Q: Hi, my mother recently passed away i have 2 brothers 2 sisters so we own the house do i have to sign a lease. And insura

I lived with her and payed 400$ a month and im still doing it the money is going towards the bills she owed. And we agreed i can buy all them out with my inheritance but we r doing the succession and getting that straight. They r saying i have to get 100,000 rental insurance minimum. My mom didnt... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2019

Unless the house still has a mortgage on it, I am tot sure who "they" are, and why "they" are requiring you to pay rental insurance. IMO the most important issue here is to remain in the house until the deed is changed to your name. That will probably require court action, i.e. probate.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My mother is hospitalized and medically incapacitated. Can I establish a conservatorship/guardianship on here behalf?
Christie Tournet
Christie Tournet answered on Feb 20, 2019

Yes. It is called an interdiction and is still a civil suit. But, if you can provide medical evidence/affidavits as to condition and all of the heirs - spouse and children are in agreement, it can make the process much more smooth, especially for your mom, who will be the Defendant. The court... Read more »

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