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Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Children not listed in will are holding up my family's distribution

My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.

1 Answer | Asked in Divorce and Estate Planning for Louisiana on
Q: Special Durable POA was issued in Texas in 2009 as a result of a divorce. What do I need to do to have it valid in LA

My ex-husband will likely not want to sign a new one as his equity is gone as a result of expenses paid by me.

The special durable POA is only to sell and manage jointly owned property after husband refused to participate in ROAD TO HOME program. Failing to act in the interest of both... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 26, 2020

Not enough information to answer your question. Can't tell why a durable power of attorney would result from a divorce; that's something that would usually result prior to surgery.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

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

Hire a Successions attorney quickly.

3 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.

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2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: I have a life insurance check payable to my decease husband estate for 10,000 step son don't want to sign what to do now

I had a session done with his name on it but he told the notary that he wasn't gonna sign cause he should get the entire check due to me and my husband was separated but divorce. Can I do some type of paperwork without my step son being on it due to his age

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

Hire a successions arroeneybtonopen the succession

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My mother passed before my grandmother. The will only lists my aunt as a child. Does that exclude me from the will?

Will is from Texas and is being processed in Marietta, Oklahoma. The will says "name of my child is Janet Morgan" and "All references" to "my children are references to the above-named child". Then in the Disposition of Property it states that it should be... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

TX will probated in OK you need an OK probate attorney, not one from LA.

1 Answer | Asked in Adoption, Estate Planning and Probate for Louisiana on
Q: Louisiana. ...grandchild has lived in grandparents home,all his life. Grandpa died, aunts trying to evict him. He is ado

Grandchild adopted. But,family blood

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2020

If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Land in grandma name. Dad only living child. His home on property also. Wants me to inherit property. Next step?

Father inherited property from his mom. They both have homes on the property. He wants me to inherit bc I'm more responsible than my siblings. He and I pay the property tax and anything associated with the property. I also have a first cousin who feels she's entitled to all of it, even... Read more »

Christie Tournet
Christie Tournet answered on Jun 2, 2020

Your father, as an heir, needs to open succession. If there is no Will, and your father is the only child, then, he may inherit. However, if there were other children that predeceased, then, their children may also have a right to inherit. You need to further discuss these specific circumstances... Read more »

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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