T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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... View More

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

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

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

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

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

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

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

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

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

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... View More

Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... View More

If the house value is under $125k, and the Will leaves the house to you, in the same manner that intestacy law would apply - meaning, there are no other children that would inherit, then, you may be able to proceed with the small succession affidavit through an attorney. If the value of the home... View More

Sorry for your loss. More information is needed to answer this without making assumptions but if the wife had ownership of the property then her ownership would pass to her children subject to her parents usufruct if there is no will. If there is a will, then depends what the will says, although... View More

Sounds like a scam to me, and or you are not entitled to anything. Or this is one of the services which supposedly finds unclaimed money and seeks to locate the rightful recipient of the money for a finder's fee---that said, they usually do not require money up front-----if you believe there... View More

Depends----did you purchase the tax title or did you pay the taxes but in the owner's name? There's a big difference here. Anyway, I would contact a local attorney in your area and to discuss your options.

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... View More