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Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Can a person use a swath obituary listing to establish a relationship with a party for claims?

For example: a couple is living together in a long term relationship (greater than 10 years) but one of the parties is just separated, not divorced from their spouse would the live-in be able to use the obituary listing of their noted relationship to claim a share of property or other assets from... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 27, 2020

Without a will or marriage there is no community property.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 25, 2020

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: If my father died and then his wife died. My step mother. Am I considered next of kin and claim the house
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 29, 2020

You need to consult with a successions lawyer as soon as your father passes. But more information is needed:

When was the house purchased?

Does she have children?

Do you have siblings?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: If There are, 4 surviving kids left with house, from their parent, one sibiling gets repairs done.rents house out.

And makes his $ back from the cost of repairs. After 6 months. Then Rent or sold of the house the $ is split between 4 of kids? What if 1 passes.and he has kids who get that person part.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 22, 2020

You need a successions attorney. There is not nearly enough information to answer the question and a succession needs to be opened if there was immovable property in the estate.

1 Answer | Asked in Estate Planning, Probate and Landlord - Tenant for Louisiana on
Q: Can I be evicted from my own home?

My wife just passed away. She bequeathed half of my home to her son, which I had no knowledge of until a few days ago. He is the executor of her estate and wants his half of my house now. I know estate executors have a lot of power over a deceased's property and assets. Can he take my own... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 18, 2020

If her will left her half of the house to him and it was purchased during the marriage, that makes you the owner of the other half. Either of you can force a sale if neither of you wants to buy the other out. Call a successions attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: How do I secure money in a checking account when a parent dies and the spouse it still alive (I have power of attorney)

I am my mom's beneficiary and the account was only her personal savings account and personal checking account. My dad never contributed to the account. I live in Louisiana. What should be my first steps?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 18, 2020

Power of attorney dies with the person. At the moment of death, a will kicks in. If no will exists, then child owns half of everything dead parent owns and spouse owns half of anything acquired during marriage. Child needs to hire a successions attorney immediately.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My daughters sons have not spoken to me since my daughters death, 3 1/2 years ago can i remove them from my will?
Nina Whitehurst
Nina Whitehurst answered on Apr 4, 2020

Yes, of course! You should call an estate planning attorney to help you with this. There might be other updates that are needed to your estate plan in addition to amending or replacing your will.

1 Answer | Asked in Estate Planning for Louisiana on
Q: How can I get a copy of my dads will because my 1/2 sister will not give anyone a copy and she will not file it

Unfortunately she connived my dad because he felt sorry for her and she took him and my mom her mother to get a will made up sneakily years ago and I just found this out but she won’t give me a copy. My dad raised her and 3 more kids my mother had by 3 different men while she was married to my... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Mar 1, 2020

Yes, anyone having a potential interest in his estate can open the succession and force her to produce the will, if one exists. Speak with an estate/successions lawyer.

2 Answers | Asked in Estate Planning for Louisiana on
Q: My father died and my brother took his truck and title and is trying to get it put in his name without my consent

He has 3 children and didn’t have a will. I was also one of the beneficiaries

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2020

You need to open a succession. Hire an attorney.

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Can a parent disinherit a child for refusing to help take care of the ailing parent In Louisiana ?

Also one child brainwashed another child as to make them believe that the mother was a bad mother.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 24, 2020

You can disinherit any non-disabled child over age 23. Have a successions lawyer draft a will for you.

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Should I know my inheritance before being asked to donate it to my stepmother?

My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2020

You should hire your own probate attorney in the locality where your father had lived to advise you.

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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.

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