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Louisiana Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: How do you do an act of donation to my father on property we inherited that was my mothers half? She did not have a will

My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 14, 2020

An attorney handling property matters can prepare an act of donation for you.

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2 Answers | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: Can i finally get my home

As a child I bought a house from my sister with money that my dead father had left me in cds at a bank, it was taken by

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

You didn't finish your question.

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1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: Does my mom need our permission to sell her house? She’s a widow. There are 5 of us.

My father passed away 4 years ago. My mom needs to sell her house to get out of a financial bind. There are 5 of us, and pretty much all of us are on board with it. Does she need our permission to sell it? Also, are any of us entitled to the profit of said house?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2020

If your Dad died without a will the equity in the home is now divided as follows:

1/5 to each child

1/2 to your mother.

You will need to open a succession to sell the house because your father is still on the title. You need a succession attorney.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Can I get a loan on a home left to me and my two siblings to pay them their share and I own the home with new mortgage?

No m

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

As a legal matter, yes, you can. As a practical matter, you would have to discuss this with a few lenders until you find one that is willing to lend. The lender will not only look at how much you want to borrow in relation to the value of the property (called loan-to-value or LTV, the lower the... Read more »

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Dad died testate. I’m independent executor w/an undivided interest. Must the other heir agree in order to sell.

I own the largest share. Would I need the other heirs consent in order to sell the estate to pay her, her share? Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 9, 2020

You need to contact a successions attorney and open a succession.

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 »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My Dad died almost 27 years ago and left no will. Mom died 5 yrs ago. Property value less than 100.000. Start where?

There are four living children, two dead full siblings and one dead sibling belonging to father. Dead siblings have children. Mom left a will leaving the house to me and the living siblings are fine with that. We don't have money for lawyers, so how do we handle this? I am in Alabama but my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 1, 2019

Can't teach you how to do a succession on a website. You need a lawyer.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2019

The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Is my Indiana will legal. I just moved to Louisiana.

My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Simple fix. Take it to a Louisiana estate planning attorney. Ask her to copy it and make it conform to LA law.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: DID an Act of renunciation notarized in 2011 cut off that heir's heirs or did it require a specific donee?

Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

You need to consult with a trusts and estate attorney let them review all documents.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: On the property tax paper it has my dad's name followed by et el. Both of my parents are deceased. Dad never had a wil

But my mom did. How is the property devided up if both are deceased but sucession was never done on either parent in Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2019

All your father's children and all your mother's children are now co-owners until someone opens a succession. Contact a wills and estate attorney.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I gave my sister ownership of our parent's home years ago. Since then I have moved into the home with her

Her son is presently the sole heir. Can my sister name me as the heir to the property in her will and if the will is executed properly (in Louisiana) can I then inherit the home?

Christie Tournet
Christie Tournet answered on Oct 4, 2019

Technically, yes. With a Will, you can, generally, name anyone as a beneficiary to your estate. There are 2 execptions to that general rule. One, if the property is community property, each spouse can only gift his/her half share of the asset. And, the second exception applies to forced heirs.... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: husband lost his parental rights around 8 years ago, 1 of the children was adopted, are they heirs to his estate?

oldest is 23 yoa, other that was adopted is 18 yoa

the will is signed but unfortunately he passed before getting it notarized but his mother was there when the will was discussed and knows what he wanted because they discussed it

Christie Tournet
Christie Tournet answered on Oct 3, 2019

Under Louisiana law, an adopted child can inherit both from the natural and the adopted parents. Also, unfortunately, there are only 2 valid will forms - a handwritten or notarial will. So, if the notarial will was not fully executed/notarized, then, it will not be considered valid and the estate... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Inherited home with brother and sister. I live in home, they want to sell I do not. What are my options.
Nina Whitehurst
Nina Whitehurst answered on Sep 30, 2019

If even one owner wants to sell he can force a sale by going to court. Your best option is to buy out your brothers. If you can’t swing that then maybe they would agree to let you rent their shares from them. Either way don’t try to do this without the assistance of a local real estate attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Louisiana probate question regarding if will is enforceable

Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.

Does the grandchild have a claim to the home or since everything went to grandmother... Read more »

Christie Tournet
Christie Tournet answered on Sep 27, 2019

Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 25, 2019

Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Power of attorney question in Louisiana

Are there specific wording and or a correct document or format that should be used when preparing and having a power of attorney notarized in the state of Louisiana.

Specifically it needs to be used in possibly getting a mobile home loan with the title which is in my mother’s name as... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 8, 2019

I would recommend having the power of attorney drafted by a professional to ensure that it is in the correct form. It would need to be filed with the clerk of court for a bank to accept it, as they will require a certified copy of the POA.

1 Answer | Asked in Estate Planning for Louisiana on
Q: do we file for a court date to move forward with the succession and I can get my share of the estate

The will is being contested by the family, so they will not come forward. I had an attorney probate the will and I have been appointed executor.

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

You should ask your probate attorney this question.

1 Answer | Asked in Personal Injury, Estate Planning and Probate for Louisiana on
Q: Can I reopen a case of my father's accidental death that my sister took place in and never included her other siblings?

She settled the case and brought us a check for $125 and said that's what the lawyer said we come out with, but we never once met up and talked with him for anything. Now my sister is living (Like The President) comfortably, with no explanation on how she's gotten all this money... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 16, 2019

I have no idea how long ago your father died, how long ago you got the check, in which parish the claim/suit occurred, whether it was fraudulently asserted there were no other heirs. You need to hire a civil attorney, answer many questions, for which you haven't supplied information, find out if... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: Is there a statute of limitations in Louisiana on using the small estate affidavit? My g-father died intestate in 1945.

G-mother passed intestate in 1984. At time of his death, the property was worth $9,000.

Christie Tournet
Christie Tournet answered on Jun 25, 2019

No. La CCP Art 3421 defines a small succession as one where a La resident that has passed, without a will, has an estate valued at $125k or less. However, the small succession can also be used for a succession of any value, where a Decedent passed more than 20 years prior to the Affidavit.... Read more »

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