answered on Nov 28, 2022
If your mother had a will, then it largely depends on the wording in your mother's will as to what she says would happen to your mother's portion should your mother (or any child) pre-decease her. I recommend taking a copy of the will to a probate/succession attorney in your area and... Read more »
I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... Read more »
answered on Oct 27, 2022
Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... Read more »
Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.
answered on Oct 3, 2022
I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... Read more »
I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.
answered on Sep 27, 2022
Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... Read more »
I want to make sure that no relative has the opportunity to file a wrongful death or other types of lawsuits on my behalf if I've died. Instead, if applicable, I want to leave that sole right and opportunity to my partner, to whom I'm not married.
answered on Sep 2, 2022
You need to speak to an estate planning attorney to discuss whether or not what you desire can happen. Good luck.
Wife's parents donated property to daughter and parents retained usufruct. Wife passed a year ago. Who gets the property? The husband, the kids or does it go back to parents?
answered on Aug 5, 2022
Sorry for your loss. More information is needed to answer this without making assumptions but if the wife had ownership of the property then her ownership would pass to her children subject to her parents usufruct if there is no will. If there is a will, then depends what the will says, although... Read more »
I was contacted by lawyer saying he needed a Sworn Affidavit of Oath of Kinship proceeded saying something about Georgia which I'm assuming that's where he is and needed 400 and something dollars. I said I needed some legal documentation and his response was
Sir any... Read more »
answered on Aug 4, 2022
Sounds like a scam to me, and or you are not entitled to anything. Or this is one of the services which supposedly finds unclaimed money and seeks to locate the rightful recipient of the money for a finder's fee---that said, they usually do not require money up front-----if you believe there... Read more »
answered on Jul 12, 2022
Depends----did you purchase the tax title or did you pay the taxes but in the owner's name? There's a big difference here. Anyway, I would contact a local attorney in your area and to discuss your options.
my father has me and my sister's benefices for all of his accounts
answered on Jun 30, 2022
More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.
answered on Jun 17, 2022
Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »
My brother is the excector of my Mom's estate and he has sold all of the household goods in order to pay his attorney to fight me in court, can he withdraw money from the estate without judge approval?
answered on May 23, 2022
Most likely yes, but a lot of it depends on the language in the Order which appointed him as executor. Also, you might be able to go to Court and context the disbursements-----contact a succession lawyer in your are and arrange a consult to specifically discuss your matter. Good luck.
My father passed away in May 2020. Among very egregious things she has not provided any information at all from the beginning till now I’ve asked numerous times and I am always told it will be soon I don’t even know what it was to begin with
answered on Apr 10, 2022
If the trustee will not voluntarily provide you the information you request and you are entitled to receive such, then you need to consult with and possibly hire an attorney to assist you in obtaining this information.
answered on Apr 5, 2022
It's a case by case basis determined by the complexity of the estate and the organization of the debts/assets. If you are on good terms with the attorney who opened the succession, then contact the attorney and ask for a timeline, as well as what needs to be completed before a disbursement... Read more »
I am currently making a will/trust who names my daughter as beneficiary of my property, however, I am unclear about a mortgaged property and how it is handled.
answered on Feb 21, 2022
There are potential income and tax consequences depending on when you make the transfer and how you accomplish this----as such, I recommend that you at a minimum, seek a consultation with an estate planning attorney to discuss your objectives and how to accomplish them---and if, after meeting with... Read more »
I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession... Read more »
answered on Feb 11, 2022
You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed.
Mom died 7 months ago. Mom had a line in her will that stated, "all donations inter vivos which I have made to any of my children are intended as extra portions and collation must not be required of any of my children." I was moms sole caretaker. My sister did nothing. Mom gave me... Read more »
answered on Feb 10, 2022
I am sorry for your loss and that there's conflict in your family at this time. But in answer to your question, based on your post and because there is conflict with you and your sister, I recommend that you consult with a succession attorney to specifically advise/represent you in connection... Read more »
answered on Jan 27, 2022
A power of attorney grants the agent/attorney in fact authority to make decisions and take actions on your behalf, as spelled out in the POA, while you are alive. It expires at death. If you want to designate who receives property when you die, then you need a will or a trust or, in some states,... Read more »
My wife recently passed away. We did not have any children but she had two children from a previous marriage. I never adopted them or anything like that and they are both in their 30's now. During the marriage I had and still have a 401k that I contribute money to. My wife is obviously no... Read more »
answered on Jan 26, 2022
With the concerns identified in your post, I would recommend that you contact an attorney knowledgeable in community property law and in probate/successions law to discuss your concerns and any other which you might think of before your meeting and how to proceed going forward.
My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »
answered on Jan 24, 2022
Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.
My wife passed away and I have 3 minor children. There was no Will and the only community property is our home. My wife and I are on both the mortgage and the title. I am considering selling the home and know I need to go through succession but my question is on the process.
There is not a... Read more »
answered on Jan 20, 2022
No matter who and how many replies you get to this, I would recommend that you contact a successions attorney in your area and have a sit down and specifically discuss your situation and determine the best way to proceed. You use the term "simple succession" which might have a specific... Read more »
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