You probably should start with your father and see if he can/will provide this information. If he is unable/unwilling to voluntarily do so then I suggest you seek a legal consultation with an attorney in your area to discuss how to proceed which could include filing paperwork to bring your father... View More

You need to speak with an attorney immediately to discuss your, and your mother's, rights. I would suggest perhaps filing to have your mother provisionally interdicted and attack her competency now, before your mother passes away. Once she's deceased, it will be more difficult to prove... View More

More information is needed here ---for example, is the POA actually a POA, and if so, did all 6 siblings give the agent the POA --I ask because if this is a simple POA, then the principal can simply revoke the POA. Or is the POA actually your agent under a contact to provide services----if there... View More

If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney. Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of... View More

My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a... View More

The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More

More information is needed here and specifically, perhaps a review of the document itself because unless someone reviews it, one is really just guessing as to what is actually intended. It may be the donation is to husband and wife but that's simply an uneducated guess if one does not have... View More

How should you approach it? I think you and the relatives on your side should immediately consult an attorney to discuss the specifics and determine options and the best way to proceed at this time. While you may decide against formal legal intervention, you at least should have a legal... View More

Based on your post: (1) father can definitely donate his interest in the home; (2) as to the interest owned by your mother---if the power of attorney signed does not allow for this type donation/transaction, then then father cannot---you have to review the language of the power of attorney... View More

If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More

Something definitely sounds suspicious, and there appear to be some conflict of interest issues and possible violations of the Attorney Rules of Professional Conduct. You should contact the LA Office of Disciplinary Counsel to discuss the matter with them and file a complaint... View More

Since you refer to written documents it is probably best to have a lawyer look at the paperwork and then provide an opinion to you. That said, the directive(s) of the will is based on what the testator has at the time of death. If the testator validly and legally donated property before time of... View More

I do not know how much money and/or the value you are discussing but there seems to be some worth here--as such I strongly discourage you proceeding without an attorney--------my advise is that you use the Justia Find a Lawyer at the top and search for a lawyer in the area you are located and the... View More

You have concerns and rightfully so----however, your post is unclear in that you state that your mon asked to be power of attorney and we do not know who has given her power of attorney and to what extent she was given power of attorney. I believe you really should sit down with an attorney to... View More

Sounds like you need to have a longer conversation with the lawyer to get a clearer understanding of what's the holdup here. If yoou are unable to have that conversation with the lawyer, then you may want to consult with a different lawyer in the area. Alternatively, if you have a personal... View More

Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More

I am sorry for your loss. While you indicate you just want a copy of your Mom's will, my recommendation is that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate as well as the probate process, including your rights. If your sister is... View More

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answered on Jan 1, 2024

In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.

If your mom owned the rental properties jointly with your... View More

Following up on attorney Arrasmith's post, I second his recommendation that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate. Additionally, 1 other thing to point add which was not mentioned by attorney Arrasmith is that your mother... View More

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answered on Dec 31, 2023

In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More