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Louisiana Elder Law Questions & Answers

1 Answer | Asked in Estate Planning, Elder Law and Probate for Louisiana on

Q: What should happen when the settlor of a trust dies?

What are the necessary steps to take in the event of a settlor's death, generally speaking?

Christie Tournet answered on Aug 13, 2018

The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Louisiana on

Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.

She has 4 living and 2 deceased children, she does not want the property sold but cannot have property in her name if she go into a Nursing Home, what should we do?

Douglas Lee Bryan answered on May 23, 2018

You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on

Q: My mother is 86 and lives alone in her home of 56 years. I have been entrusted as executor of her will, and pay her

Bills. I have three older brothers that will split her estate with me evenly upon her passing as requested in her will. Can she gift or donate her home to us now without penalties to her or us?

Christie Tournet answered on Jan 4, 2018

Possibly. But, you really need to go over the specific circumstances with counsel well versed in estate planning and local to you. It is likely that no gift and estate tax consequence would arise given the current exemption of $11MM, but technically, a gift return could be required. Also, to the... Read more »

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on

Q: is there any way to get around a next of kin authorization of cremation?

My great aunt recently passed away and one of her sisters refuses to sign the authorization to cremate. Prior to her passing i was her POA. she only has a life insurance policy big enough to cover the cost of her services and cremation. I have tried to explain this to her sister that lives in the... Read more »

Christie Tournet answered on Aug 28, 2017

A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of... Read more »

1 Answer | Asked in Elder Law, Family Law, Domestic Violence and Real Estate Law for Louisiana on

Q: My parents co-own a homer in Louisiana for five years..I have lived in that home

since it was purchased. What are my legal rights...can I be evicted from the home.? I am being threatened to be evicted by my mother's husband. He is physically and emotionally abusive to both of us what are our rights for protection against him.. My mom is her 80s and is currently a home bound... Read more »

William Head answered on Aug 19, 2017

This is not a problem that a quick, online answer can do any good.

First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on

Q: My father gave power of attorney to someone looting his assets, is there an emergency recourse for me, his daughter?

Douglas Lee Bryan answered on Feb 21, 2017

Yes, there are some steps you can take. It's difficult to be specific with exactly what I would recommend with the limited information available, however. Filing to interdict your father may be an option, or perhaps filing for injunctive relief against the alleged perpetrator. I'd be happy to... Read more »

1 Answer | Asked in Elder Law and Personal Injury for Louisiana on

Q: While visiting in a nursing home in la., i slipped and fell in water in the dining room. The ins. cap is only 5,000.

Where can i find a lawyer to represent me? I keep getting turned down. Please help me. I do not have any money.

Robert Jason De Groot answered on Aug 31, 2015

Locally. Keep looking.

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