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Louisiana Estate Planning Questions & Answers
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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1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: I am in Louisiana my Dad died without a will and mom is still alive. My family wants my brother to be executor I don’t

My father had inheritance from his parents. My family wants him to be executor and I don’t trust him. He has drawn up paperwork for us to sign and file to make him executor. My question is if I sign this paperwork does it waive my right to open succession at a later time? We don’t have a good... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2020

Do NOT sign anything he presents to you. Hire a Successions attorney and open the Succession yourself.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Father made a will 30yrs ago after mother passed. He ask myself middle child to be in charge of his will.i told him to p

ut my sister the oldest in charge. At the time he was spatting with my sister and brother.That was 30 yrs.ago soon after he recobsiled with them.So he put his sister. The will was in my father's safe when he passed,ut for the last year he has been telling me he needed to go to lawyer change... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 17, 2020

If the will is valid and it says everything goes to your sister, that's what happens. He could have included equal distributions to each children but he didn't.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am a widow with disability (spinal arthritis). My husband left a will with nothing bequeathed to my name.

I am a surviving widow, a greencard holder. I was married to my husband for 6 and a half years, but nothing is bequeathed to my name. I need support for my medications, I have no house and no income, not able to work due to my health condition (spinal arthritis and continuing nerve pains). My... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

Your situation is quite complicated and cannot be answered or solved in a couple of paragraphs online. Please go visit a probate attorney and explain your situation. Most attorneys are willing to meet with you for a first appointment for free and tell you what your options are. Just call ahead and... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am in Louisiana Can I force my siblings to split my fathers assets or can I force them to buy me out? He had no will

My father died without a will but my mother is still alive. My father inherited stocks and cash assets from his parents and also 1/2 plus 1/5th of his parents house which my parents then bought out my dads siblings. My mother now lives in this house. I am unsure if they used inherited money of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2020

You don't need their permission. You can open the succession and force either a sale or buy out of the house and liquidation of the rest of your Dad's estate. Hire a successions attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Parents passed away owning a house but didn't leave it in no one's name

So what can you do when that happens when your parents have 5 kids and left no name on the house but theirs and now they pass and two wants to sell or be bought out of the property what to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

Kids need to hire a successions attorney and open the succession.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: Our father passed away 10 yeas now My sister was named executor my dad left his half of house and land to 5 children

Children 2 of the 5 children have since passed can the executor take their name off the will

And do you have to have a probate ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

Yes to probate. Yes to voluntarily waiving a share. Hire a successions lawyer.

2 Answers | Asked in Child Support, Estate Planning and Probate for Louisiana on
Q: Do I receive the back child support if he had a lien? Do my kids need an attorney to receive the settlement as next kin

My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 24, 2020

If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: My fiance' and I purchased a home with his settlement money Both our names are on the home If sold am I entitled to half

The home was purchased with cash money. We are separating and being that my name is on the home am I entitled to half even with it being bought with his settlement money.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 18, 2020

If the property was bought entirely with his money, you get nothing.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are sure that my son's great grandmother had a will, but her son is withholding it in order to keep it. What can do?

Her son is saying there is no will, and that she wouldn't have wanted my son or his dad to have anything. We know this to be untrue, but we don't her attorney's name. He refuses to produce a will. He only expresses his opinion of why nobody should get anything. Doesn't her... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2020

Her attorney can't notify anyone of a legacy, if the attorney doesn't know she's dead.

Call her friends and find out if any of them know her lawyer's name.

If your child's father is dead, incompetent, in prison, or hospitalized, then you can hire an...
Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: How can I get my mothers belongings after my step fathers passing?

My mother passed in December 2019. My stepfather wouldn’t allow me to get any of her belongings. He recently passed from a murder. The cops said everything goes to the next of kin which is his biological daughter. All I want are picture albums and a nick nack belonging to my late wife. The... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2020

Unfortunately, you will have to hire an attorney to open a succession. You are entitled to half of the real estate, half of the vehicles, half of the accounts, half of the contents of the home. If this is her attitude, you may as well go for broke.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Children not listed in will are holding up my family's distribution

My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.

1 Answer | Asked in Divorce and Estate Planning for Louisiana on
Q: Special Durable POA was issued in Texas in 2009 as a result of a divorce. What do I need to do to have it valid in LA

My ex-husband will likely not want to sign a new one as his equity is gone as a result of expenses paid by me.

The special durable POA is only to sell and manage jointly owned property after husband refused to participate in ROAD TO HOME program. Failing to act in the interest of both... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 26, 2020

Not enough information to answer your question. Can't tell why a durable power of attorney would result from a divorce; that's something that would usually result prior to surgery.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

Hire a Successions attorney quickly.

3 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.

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