My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.
answered on Mar 23, 2023
It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... Read more »
I was wondering, what happens, if I exclude my children from my last will and leave everything to my spouse, but list one of the children as a beneficiary in case my husband dies before me.
Would it be a conflicting information that could possibly lead to considering the last... Read more »
answered on Mar 13, 2023
You are correct in that it could be improper but by itself it probably would not invalidate the rest of the will-----that said, your post shows why you should hire an attorney to prepare your will so that it is drafted correctly and provides what you want to happen to your estate upon your passing.... Read more »
There's is forged will being put Into picture and the sons are arguing it is the real one.
answered on Mar 11, 2023
A Louisiana attorney could advise best, but your question remains open for four weeks. You need an attorney who deals with Estate Planning and Probate. From your chosen categories, you're already in the right direction. You could search attorneys on your own, use the "Find a Lawyer"... Read more »
answered on Feb 24, 2023
I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a Lawyer tab and search for estate planning... Read more »
answered on Feb 24, 2023
Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... Read more »
Grandmother passed 2 years ago, will leaves it all to their 3 children. Grandpa passed a month ago and leaves it all to me and my brother. Whose stands? How is community property split?
answered on Feb 13, 2023
Since two successions will need to be open, i highly recommend that a successions/probate attorney in the area your grandparents passed be contacted and hired to handle both matters. You do not indicate if grandpa had a will but since it does not go to all children, the most likely there's a... Read more »
The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?
answered on Jan 19, 2023
There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... Read more »
answered on Jan 13, 2023
Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.
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.
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