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Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: What do I do if my brother forged my deceased brother's name to a will? He also has done other things illegally.

There is 3 estates involved. My Dad my brother & my sister who passed. The will has been denied 2 times before the court & is now before the appellate court. He also sold his car, turned his truck over to their Mom & cleaned his bank account out. The so called will is just a note my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I know my mother has a will I don't know the lawyer's name and my sister will not give me any answers

She passed away on December 22nd of this year so I don't know what happens after that if I don't understand anything about probate or succession I just wanted I just want a copy of her will

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 8, 2024

I am sorry for your loss. While you indicate you just want a copy of your Mom's will, my recommendation is that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate as well as the probate process, including your rights. If your sister is... View More

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 8, 2024

Following up on attorney Arrasmith's post, I second his recommendation that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate. Additionally, 1 other thing to point add which was not mentioned by attorney Arrasmith is that your mother... View More

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2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.

If your mom owned the rental properties jointly with your...
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1 Answer | Asked in Tax Law, Estate Planning and Probate for Louisiana on
Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?

Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: How old must a witness to an Authentic Act be in Louisiana?

I need two witnesses to a Declaration of Paraphernality in Covington, Louisiana. Is there an age requirement for witnesses? My Stepdaughter and her son are available to act as witnesses tomorrow. The son is 18 years old. May he be a witness recognized by Louisiana law?

T. Augustus Claus
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answered on Dec 29, 2023

In Louisiana, the age requirement for a witness to an authentic act, such as a Declaration of Paraphernality, is generally 16 years or older. Therefore, your stepdaughter's son, who is 18 years old, meets the legal age criteria to act as a witness for the document. It's important to... View More

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

Christie Tournet
Christie Tournet
answered on Dec 11, 2023

You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More

2 Answers | Asked in Estate Planning for Louisiana on
Q: In Louisiana can a decease person be put on a deed
T. Augustus Claus
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answered on Jul 31, 2023

In Louisiana, a deceased person cannot be put on a deed since a deed is a legal document used to transfer property rights from one living person or entity to another. However, if the deceased person owned property, their interest in that property will pass according to Louisiana's succession... View More

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1 Answer | Asked in Estate Planning for Louisiana on
Q: I want to leave my property to my daughter. Can I get it notarized by a lawyer ?

I have it almost paid for. But I want this done, just incase of my untimely death. It's in a lease purchase agreement under my name.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2023

This is what I tell people----when you pass, you want to make sure that your wishes and desires for your assets go to where you want them to go and the best way to make sure this happens is through a will prepared after consultation with a will/succession lawyer----as such, I recommend that you... View More

1 Answer | Asked in Energy, Oil and Gas and Estate Planning for Louisiana on
Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to

beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done?

Richard Winblad
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Richard Winblad
answered on May 1, 2023

Sorry for your loss.

It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a...
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1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Does a usufruct have the right to sell or remove furniture or outdoor buildings from the house he has usufruct of.

My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.

Christie Tournet
Christie Tournet
answered on Mar 23, 2023

It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... View More

1 Answer | Asked in Estate Planning for Louisiana on
Q: Last will and testament.

Hello,

I was wondering, what happens, if I exclude my children from my last will and leave everything to my spouse, but list one of the children as a beneficiary in case my husband dies before me.

Would it be a conflicting information that could possibly lead to considering the last... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

You are correct in that it could be improper but by itself it probably would not invalidate the rest of the will-----that said, your post shows why you should hire an attorney to prepare your will so that it is drafted correctly and provides what you want to happen to your estate upon your passing.... View More

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: What kind of lawyer do I need to get for my 17 yr old daughter who was put in her grandfthers will.

There's is forged will being put Into picture and the sons are arguing it is the real one.

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. You need an attorney who deals with Estate Planning and Probate. From your chosen categories, you're already in the right direction. You could search attorneys on your own, use the "Find a Lawyer"... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Christie Tournet
Christie Tournet
answered on Feb 24, 2023

Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

Supplementing attorney Tournet's post, I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a... View More

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Grandmother passed away will left everything to their 3 children. Grandfather passed away left it all to 2 Grandchildren

Grandmother passed 2 years ago, will leaves it all to their 3 children. Grandpa passed a month ago and leaves it all to me and my brother. Whose stands? How is community property split?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 13, 2023

Since two successions will need to be open, i highly recommend that a successions/probate attorney in the area your grandparents passed be contacted and hired to handle both matters. You do not indicate if grandpa had a will but since it does not go to all children, the most likely there's a... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the owners want to leave the property to a specific grandchild, then they either have to sell/donate the property before their death or do it via a will. As attorney Tournet mentioned, please reach out to a local succession/estate planning/will lawyer in your area-----this is doubly important... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Christie Tournet
Christie Tournet
answered on Jan 19, 2023

There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: my mother passed away an she has two brothers and my grandmother passed away would we get our mothers share of the Will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 28, 2022

If your mother had a will, then it largely depends on the wording in your mother's will as to what she says would happen to your mother's portion should your mother (or any child) pre-decease her. I recommend taking a copy of the will to a probate/succession attorney in your area and... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: This question has to do with acquiring property. Am I in the right forum?

I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... View More

Anthony M. Avery
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answered on Oct 27, 2022

Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... View More

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