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Louisiana Estate Planning Questions & Answers
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.

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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.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I'm the only parent on my daughter's certified birth certificate. Can't locate father how do I get my daughter cremated?

They told my lawyer I have to find the father. I haven seen in him 18 years since my daughter was 2 months old.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 5, 2021

If the father is not on the birth certificate, you do NOT need to locate him. Your lawyer can get a court order. Call a trusts and estates lawyer.

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can a married couple file a joint Last Will and Testament, with the surviving party being the heir?

This would be both agreeing to disposal of the remainder of the estate after the last survivor passes.

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Joint and Mutual Wills are almost always asking for a Will Contest after one or both testators die. Do not draft nor execute anything like it. Two separate Wills, even with extremely similar legacies and devises, are always better.

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1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

1 Answer | Asked in Estate Planning for Louisiana on
Q: How much is charged for a simple will in covington, LA
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 18, 2020

Justia is a website to ask legal questions. It is NOT a referral service where prices can be quoted. Call a few lawyers to get prices.

2 Answers | Asked in Estate Planning for Louisiana on
Q: Can the handwritten will be legal if printed?Covington. LA
Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 16, 2020

If mean written by hand (manuscript) then it's an olographic will, and it can be legal if it is entirely handwritten by the testator, and if it's dated and signed by the testator. If it's typed or printed of of a computer, then it's not handwritten, but it can be a valid... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: how do i ask the court A stay of proceedings until i have found an attorney ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 25, 2020

You file a Motion to Continue

1 Answer | Asked in Estate Planning for Louisiana on
Q: My father has been deemed as incompetent, before he got ill. He mentioned he left everything to my half sister.

However, she's not able to take on decisions and handle finances. So she let her sister (which is his step daughter)take over it all. My father has 3 biological kids by his first wife. Both wife's are deceased. As his biological kids. Do we have any rights or say so regarding our father.... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

Your facts are not clear. If his sister had a durable power of attorney (DPOA), that gave her the power to act for your dad. However, if she is no longer able to serve, the successor named to her in the DPOA would than act. She does not have the power to delegate her power to someone else.... Read more »

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: My farther died with a will leaving everything to my step mom. But she did not do as a session in the state of Louisian

So what happens next since everything is still in both their names what does that mean for his children

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If I understand you correctly, your step mom did not probate the will because everything was held jointly. If this is the case then all assets are now hers by operation of law. You and your children have no right to any of those assets. She is free to dispose of them in any way she chooses. She... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: How to get a power of possession
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 13, 2020

Do you mean, how do you get a power of attorney?

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Can I be removed from my parents estate property after living here with my 86yr old grandmother?

I been living here 10+yrs and grandmother living here longer. Will has been claimed invalid according to courts. I have two siblings & brother doesn't want estate but sister does and am currently trying to work a deal with her. We live in Louisiana.

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 6, 2020

If you or are an owner or heir to the property, they have no right to evict you. To require you to move would most likely require one of your siblings to file to have the property partitioned or sold. Good luck.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Step father left his pension to my mother upon his death. She passed in 2017 and the pension hasn't been claimed.

His children don't want anything to do with the funds since they would have to pay for a succession. He raised me for 15 years and contributed to my care as well as I did his later on. Is there anything I could do to rightfully claim this property? I have notified all heirs and none want to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 30, 2020

Contact his pension administrator.

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