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Louisiana Estate Planning Questions & Answers
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,...
Read more »

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 »

1 Answer | Asked in Estate Planning for Louisiana on
Q: My father passed away in 2010. He was married. He purchased a home in 1992 when he wasn't married. what are my rights

I am not sure if there is a will because his wife refuses to cooperate and she hasn't opened succesion on him. She is remarried and living in his home. I dont know where to start or if its worth paying a lawyer to just get nothing ??

Christie Tournet
Christie Tournet answered on Feb 14, 2019

Any interested party can open a succession. You are a descendant and therefore, can open succession. In opening succession, you can request that the court issue an Order for a search of the Will. Of course, it is always easier and less costly, if all parties cooperate and if there is a Will,... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?

Decedent passed away 9 years ago, and spouse passed recently. All in Louisiana. No wills. Decedent name on deed, indicating married to spouse. Spouse remained in home until death. Heirs are children. One died after decedent. 3 surviving children all agreeing to sell the home. No divorces or... Read more »

Christie Tournet
Christie Tournet answered on Feb 7, 2019

An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession.... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: How can I get a copy of my father's will? Stepmother has tried to change it right before her death.
Christie Tournet
Christie Tournet answered on Jan 30, 2019

Any interested party can open succession. Since your father is the decedent, you can open and request that the court order a search for the Will, or that you be appointed the succession rep until a Will is produced. You need to contact counsel well versed in probate to better discuss your... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Dad passed away 10 yrs ago. Left a trust for Mother and 4 daughters with spouses also named on trust. 1 sister passed,

Mother passed. Land with mineral rights involved . Need to know if sisters spouse is still part of the trust or does the trust move to her children? Trying to sell land, can we sell without sister's spouse being part of the negotiations?

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 15, 2019

You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?
Christie Tournet
Christie Tournet 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.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana on
Q: How do I report a notary for not filing my father's will at the court house?

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 like... Read more »

Christie Tournet
Christie Tournet 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... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Probate for Louisiana on
Q: Can a woman with Alzheimer's give power of attorney over herself to a person who is incapacitated in a hospital?

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?

Christie Tournet
Christie Tournet 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... Read more »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: Sue and Joe are married ..Joe has 6 children from his first marriage and Sue has 2 children from her first marriage...

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,... Read more »

Christie Tournet
Christie Tournet 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... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Mom passed away,no will.step-dad passed away 9 days later, will leaving all to his kids.where do I stand?

Mom and step-dad were married thirty years. Does step-dad's estate have to pay final expenses for my mom? Do my sibling and I have any rights to inherit any property or money?

Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 10, 2018

The answer to your question depends on when the property was acquired and whether they had a prenuptual agreement. If there was no prenup and the property was acquired during the course of the marriage, it's community property, and you have the right to inherit. If step-dad owned it from prior to... Read more »

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