The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.
The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held...Read more »
My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?
Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?
Technically, yes. With a Will, you can, generally, name anyone as a beneficiary to your estate. There are 2 execptions to that general rule. One, if the property is community property, each spouse can only gift his/her half share of the asset. And, the second exception applies to forced heirs....Read more »
Under Louisiana law, an adopted child can inherit both from the natural and the adopted parents. Also, unfortunately, there are only 2 valid will forms - a handwritten or notarial will. So, if the notarial will was not fully executed/notarized, then, it will not be considered valid and the estate...Read more »
If even one owner wants to sell he can force a sale by going to court. Your best option is to buy out your brothers. If you can’t swing that then maybe they would agree to let you rent their shares from them. Either way don’t try to do this without the assistance of a local real estate attorney.
Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.
Does the grandchild have a claim to the home or since everything went to grandmother... Read more »
Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the...Read more »
My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »
Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.
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.
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 »
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 »
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 $125k or less. However, the small succession can also be used for a succession of any value, where a Decedent passed more than 20 years prior to the Affidavit....Read more »
Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »
84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »
I'm trying to obtain a pro bono lawyer to help assist me in gathering my dad's property house or houses an land, bank accounts, vehicles ect... An to assure all of his assets has NOT been touch sold access bank accounts or ANY ILLEGAL ACTIVITIES since the death of my dad in 2003 I feel ILLEGAL... Read more »
There is no such thing as a "pro bono lawyer." However, many lawyers will volunteer some of their valuable time to help out very poor folks who have very important legal problems and cannot afford to hire a lawyer.
"Gathering your father's property house or houses an land, bank accounts,...Read more »
Mom died and has a will leaving her share to two children. Dad is about to remarry and kids want to open succession on mom. Dad isn't going to cooperate because his new wife to be is telling him to hide his money. How do the children find out how much money was in bank accts and investments at the... Read more »
I lived with her and payed 400$ 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 »
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.
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 »
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.