Lawyers, Answer Questions  & Get Points Log In
Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 13, 2021

I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I need the Louisiana statute that describes a revocable trust avoids probate court. Or where can I look this up ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 17, 2021

The Louisiana Trust Code begins at La. R.S. 9:1791. You can page through the sections at the website of the Louisiana legislature. Hit the forward arrow button. http://legis.la.gov/legis/Law.aspx?d=106739

Alternatively, you can use this website...
Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Do we need to have an acceptance for POA?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 16, 2021

I always have the mandatary (powerholder) sign off accepting the mandate (power of attorney). To my knowledge, acceptance of a Mandate (power of attorney) is not presumed in Louisiana.

4 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my 17 year old nephew sign a a t of donation form to donate his portion of the house to me or does he have to be 18

My parents passed away and left the house to the children but my deceased brothers children wants to sign their portion of the house to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2021

No a 17 year old cannot donate an interest in house to you.

View More Answers

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

View More Answers

3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Louisiana on
Q: I have Durable Power of Attorney over a love one who is terminally ill. Does that allow me to sign off on lawsuit

paperwork which was settle.

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

I am sorry to say that it is not possible to answer your question without reviewing the power of attorney instrument. It might or might not contain that authority.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are legal heirs to my deceased sister's estate. Her husband Re-titled her vehicle to his name. What can we do?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

Hire a successions attorney to open your sister's succession.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I have a question about a trustee's power of discretion that is listed in the trustee power's section of my dad's trust.

The following is listed in the section listing the trustee powers. Does the following language mean the trustee can distribute assets as they see fit?

"To make any divisions and payments pursuant to the terms of this Agreement, using cash, securities real estate or other property of... Read more »

James Scott Ruel
James Scott Ruel answered on May 24, 2021

You should have a lawyer review the entire trust.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I just found out my ex wife sold my deceased father's jeep .. can I file charges against her?

Jeep was left on property that we still both own but she lives there... I was given no notice . The Jeep was part of my father's estate

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2021

How could she transfer the title? Yes call the Sheriff's office.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

View More Answers

1 Answer | Asked in Estate Planning and Mergers & Acquisitions for Louisiana on
Q: my dad passed away almost 5 months ago and my step mom mailed 2 forms for me to sign and have notarized.

its power of attorney and act of donation form

James Scott Ruel
James Scott Ruel answered on Apr 19, 2021

You should definitely consult an attorney to be sure that signing these documents serves your best interests. You will be donating something to her that is yours- so be careful! Power of attorney let’s her act on your behalf- so be extra careful and be sure that is something you want to do.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: A 5 yr. after death clause not to sell property, beneficiaries are 56-66 Four of us. can we change that.?

One of us is against it.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 16, 2021

Possibly, but without seeing the paperwork setting up the clause and knowing the circumstances behind the language, it is difficult to provide an informed answer----that said, if there is a chance to change that, then your best bet to do so would be with legal representation so I would recommend... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How do I withdraw funds from the registry of Orleans Parish court? I need to do this as soon as possibly

I'm not sure how much nor the status of the case. I received a message that it was in there. My siblings had the heir's property partitioned sometime last year. I'm sure it isn't much and would like to withdraw it on my own if possible are there special forms that I need to use... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 9, 2021

Depending on the status, you want to have an Order signed by the Judge stating that you are entitled to withdraw/receive those funds from the registry. Depending on the status and amount, it might be best to have a lawyer represent you and accomplish this.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My mom left a will leaving everything to me before she passed my dad left a will giving everything to a grandchild

My parents house and land is in both names the grandson opened succession to get my dads ins money and property can he take my mom's half of the land from me

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 30, 2021

Based on your post---your Dad's will only passes what he owns or the portion he owns just as your Mom's will only passes what she owns or the portions she owns. In the case of property and assuming each owned an undivided 1/2 interest, then Dad's will can only give grandchild... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Do divorce papers affect a will? Explanation- Myself and my (then) husband made a will in 2001 stating upon his death I

Inherit all. We have 2 children ages now 17&24. My main question is that in the divorce papers I signed over all properties, cars, home etc...in other words I left with the clothes on my back literally. BECAUSE OF THAT FORCED DECISION DOES THAT IN FACT VOID THE WILL? My xhusband just passed... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2021

If your ex husband got the immovable property and vehicles, then those items are now in his estate. If he left you everything in his will, then you get it all, minus any forced share to your children. Your divorce is irrelevant to the enforceability of the will. If he never got around to... Read more »

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.