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Louisiana Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for Louisiana on
Q: If two people own a home jointly 50% A and 50% B, and person B dies.Does the title need to be updated before sale?

If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2019

In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an... Read more »

3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Louisiana on
Q: How can I get my mom into a nursing home. I'm not her power if attorney. She is being neglected I have video proof.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 27, 2019

A family law attorney can file an interdiction on your behalf.

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
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... 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
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
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
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... Read more »

William C. Head
William C. 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.

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
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... 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
Robert Jason De Groot answered on Aug 31, 2015

Locally. Keep looking.

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