Lawyers, Answer Questions  & Get Points Log In
Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Louisiana on
Q: I live in Louisiana, my mother has passed away. I have 1 sister and a 1/2 sister. can my dad leave my 1/2 sister out

my father has me and my sister's benefices for all of his accounts

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Louisiana on
Q: Can an exector withdraw money from the estate without permission from the judge in the state of LA

My brother is the excector of my Mom's estate and he has sold all of the household goods in order to pay his attorney to fight me in court, can he withdraw money from the estate without judge approval?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 23, 2022

Most likely yes, but a lot of it depends on the language in the Order which appointed him as executor. Also, you might be able to go to Court and context the disbursements-----contact a succession lawyer in your are and arrange a consult to specifically discuss your matter. Good luck.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My trustee of spendthrift trust has not provided me an accounting of any thing at all from the start. In Louisiana

My father passed away in May 2020. Among very egregious things she has not provided any information at all from the beginning till now I’ve asked numerous times and I am always told it will be soon I don’t even know what it was to begin with

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 10, 2022

If the trustee will not voluntarily provide you the information you request and you are entitled to receive such, then you need to consult with and possibly hire an attorney to assist you in obtaining this information.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Once a will is filled with the courts how long should it take to disperse the money . Is there a time line?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2022

It's a case by case basis determined by the complexity of the estate and the organization of the debts/assets. If you are on good terms with the attorney who opened the succession, then contact the attorney and ask for a timeline, as well as what needs to be completed before a disbursement... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Can I gift my mortgaged house to my daughter now, (pre death), to avoid probate or other issues after my death?

I am currently making a will/trust who names my daughter as beneficiary of my property, however, I am unclear about a mortgaged property and how it is handled.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 21, 2022

There are potential income and tax consequences depending on when you make the transfer and how you accomplish this----as such, I recommend that you at a minimum, seek a consultation with an estate planning attorney to discuss your objectives and how to accomplish them---and if, after meeting with... Read more »

1 Answer | Asked in Estate Planning, Antitrust and Internet Law for Louisiana on
Q: My parents will has nothing in it about my mothers jewelry. However my father split his guns with my 2 brothers yrs ago.

I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 11, 2022

You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Can my sister sue me for gifts my mother gave me while alive?

Mom died 7 months ago. Mom had a line in her will that stated, "all donations inter vivos which I have made to any of my children are intended as extra portions and collation must not be required of any of my children." I was moms sole caretaker. My sister did nothing. Mom gave me... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 10, 2022

I am sorry for your loss and that there's conflict in your family at this time. But in answer to your question, based on your post and because there is conflict with you and your sister, I recommend that you consult with a succession attorney to specifically advise/represent you in connection... Read more »

2 Answers | Asked in Estate Planning for Louisiana on
Q: If I've appointed a power of attorney, will she still need succession on my property after my death?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

A power of attorney grants the agent/attorney in fact authority to make decisions and take actions on your behalf, as spelled out in the POA, while you are alive. It expires at death. If you want to designate who receives property when you die, then you need a will or a trust or, in some states,... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Are step kids entitled to part of my 401k?

My wife recently passed away. We did not have any children but she had two children from a previous marriage. I never adopted them or anything like that and they are both in their 30's now. During the marriage I had and still have a 401k that I contribute money to. My wife is obviously no... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

With the concerns identified in your post, I would recommend that you contact an attorney knowledgeable in community property law and in probate/successions law to discuss your concerns and any other which you might think of before your meeting and how to proceed going forward.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Are any of these wills still good?

My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.

2 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: Help! Succession process with minors and no will. Only property is the house with little equity, how does it work?

My wife passed away and I have 3 minor children. There was no Will and the only community property is our home. My wife and I are on both the mortgage and the title. I am considering selling the home and know I need to go through succession but my question is on the process.

There is not a... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

No matter who and how many replies you get to this, I would recommend that you contact a successions attorney in your area and have a sit down and specifically discuss your situation and determine the best way to proceed. You use the term "simple succession" which might have a specific... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Louisiana on
Q: If you write your will don't you need a few witnesses. And how if that form said to be in format of any kind
Jacob Rennick
Jacob Rennick
answered on Jan 18, 2022

If the will is handwritten, you do not need witnesses. There are, however, other requirements that must be met in order to ensure the will is valid. It's best to speak with a succession attorney.

1 Answer | Asked in Divorce, Estate Planning and Child Custody for Louisiana on
Q: Can husband take kids and car from me and move out and then say I can’t have the kids until I have a car?

Husband has taken the kids and car and now living at his moms. This leaves me and the oldest son who is not biologically his but has been raising since 2, he is now 9, with no vehicle. He said he won’t let me see the kids until I get a car. He makes more money than I do and we have always shared... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 4, 2022

Find a cheaper place to live and leave. Hire a divorce lawyer and get a car.

2 Answers | Asked in Estate Planning for Louisiana on
Q: Hello I am a heir need a lawyer to help write up a succession to transfer over the property
Myrna Arroyo
Myrna Arroyo
answered on Dec 14, 2021

You can call our office for a free 15 min consultation.

View More Answers

2 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: Hello. If a succession was done wrong how do I go about getting it amended?

Father passed away. Succession listed separate property as community property giving his wife usefruct over property. He owned it before they married. Now the rightful heirs of the property want to fix the succession.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 2, 2021

You need to have the paperwork amended-----again, the best way to do this correctly and efficiently is to hire a succession lawyer in your area to guide you through the process. Good luck.

View More Answers

1 Answer | Asked in Estate Planning for Louisiana on
Q: Which state would govern an estate of someone who was domicile in Louisiana with immovable assets located in California?

The immovable asset is real estate located in California and was purchased with community funds.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 28, 2021

Both. You have a main probate in Louisiana and an ancillary probate in California.

1 Answer | Asked in Tax Law and Estate Planning for Louisiana on
Q: What should I do about a Property Sale Tax letter I received for a house I don't live in but was willed to me

My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 26, 2021

At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an... Read more »

2 Answers | Asked in Estate Planning for Louisiana on
Q: When executor, unmarried no children dies does mother take over ?

Where does a mother begin ? A firm has most recent will.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 20, 2021

This sounds like there may be some contested issues----if so, I recommend that you contact a successions/probate attorney in your area to ask specific questions and the attorney can also ask you specific questions so that you can get specific information about your situation. Good luck.

View More 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.

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.