Louisiana Elder Law Questions & Answers

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

1 Answer | Asked in Estate Planning, Elder Law and Probate for Louisiana on
Answered on Aug 13, 2018
Christie Tournet's answer
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 class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...

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

1 Answer | Asked in Real Estate Law and Elder Law for Louisiana on
Answered on May 23, 2018
Douglas Lee Bryan's answer
You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.

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

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on
Answered on Jan 4, 2018
Christie Tournet's answer
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 extent that your mother required government assistance via Medicaid, the donation could become a problem - potentially disqualifying her for a period of time.

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

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Answered on Aug 28, 2017
Christie Tournet's answer
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 the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...

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

1 Answer | Asked in Elder Law, Family Law, Domestic Violence and Real Estate Law for Louisiana on
Answered on Aug 19, 2017
William Head's answer
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/

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

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on
Answered on Feb 21, 2017
Douglas Lee Bryan's answer
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 discuss this matter with you further if you'd like to call or email. Good luck.

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