Louisiana Estate Planning Questions & Answers

Q: open succession without a surviving spouses approval or help. How do we find out how much money is in accts

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Answered on Mar 28, 2019
Douglas Lee Bryan's answer
Retain an attorney to open her succession. An attorney experienced in handling probate law is familiar with the steps to determine what assets exist and the methodology to value them.

Q: Hi, my mother recently passed away i have 2 brothers 2 sisters so we own the house do i have to sign a lease. And insura

1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Louisiana on
Answered on Mar 27, 2019
Bruce Alexander Minnick's answer
Unless the house still has a mortgage on it, I am tot sure who "they" are, and why "they" are requiring you to pay rental insurance. IMO the most important issue here is to remain in the house until the deed is changed to your name. That will probably require court action, i.e. probate.

Q: My mother is hospitalized and medically incapacitated. Can I establish a conservatorship/guardianship on here behalf?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Feb 20, 2019
Christie Tournet's answer
Yes. It is called an interdiction and is still a civil suit. But, if you can provide medical evidence/affidavits as to condition and all of the heirs - spouse and children are in agreement, it can make the process much more smooth, especially for your mom, who will be the Defendant. The court will ultimately make a decision on whether to strip your mother of her rights to contract and make decisions for herself. The court does not take that decision lightly and will want to not only review...

Q: My father passed away in 2010. He was married. He purchased a home in 1992 when he wasn't married. what are my rights

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Feb 14, 2019
Christie Tournet's answer
Any interested party can open a succession. You are a descendant and therefore, can open succession. In opening succession, you can request that the court issue an Order for a search of the Will. Of course, it is always easier and less costly, if all parties cooperate and if there is a Will, have it presented to a court. If there is a valid Will, then, your father's property will be transferred in accord with its terms. If there is no Will, then, separate property (property purchased...

Q: Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Feb 7, 2019
Christie Tournet's answer
An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession. However, it must meet statutory form requirements and you will need to discuss your circumstances with an attorney well versed in probate to confirm that you can proceed that route. Both separate and...

Q: How can I get a copy of my father's will? Stepmother has tried to change it right before her death.

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Jan 30, 2019
Christie Tournet's answer
Any interested party can open succession. Since your father is the decedent, you can open and request that the court order a search for the Will, or that you be appointed the succession rep until a Will is produced. You need to contact counsel well versed in probate to better discuss your specific circumstances and to obtain a more precise recommendation for proceeding/

Q: Dad passed away 10 yrs ago. Left a trust for Mother and 4 daughters with spouses also named on trust. 1 sister passed,

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Jan 15, 2019
Douglas Lee Bryan's answer
You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.

Q: How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Answered on Jan 10, 2019
Christie Tournet's answer
You have to probate the Will/open succession. You can either be appointed Executrix, if administration is necessary. Or, if you meet the requirements, you may not have to administer the estate.

Q: How do I report a notary for not filing my father's will at the court house?

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana on
Answered on Jan 10, 2019
Christie Tournet's answer
Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could...

Q: Can a woman with Alzheimer's give power of attorney over herself to a person who is incapacitated in a hospital?

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Probate for Louisiana on
Answered on Dec 18, 2018
Christie Tournet's answer
Capacity does not require that a person be lucid all the time. Rather, people with dementia, alzheimer's, stroke, etc. may still have periods of capacity/understanding (lucid intervals) at the time of entering the contract. And, yes, a person can also give another, with limited capacity, the authority to act on his/her behalf, but the acts the agent can do is limited to the person's capacity. This is a very fact intensive query in these sort of situations. You will likely have to call...

Q: Sue and Joe are married ..Joe has 6 children from his first marriage and Sue has 2 children from her first marriage...

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Answered on Dec 10, 2018
Christie Tournet's answer
With community property, each spouse owns an undivided half interest in his/her own right. So, when Joe passed, only his half of the estate is at issue. But, you will need to address the Will language with a counselor well versed in probate - was the legal usufruct only confirmed? Or, was Sue granted a lifetime usufruct and does Sue have the power to alienate/dispose of property subject to the usufruct. All of these factors and your specific circumstances will need to be addressed to obtain...

Q: Mom passed away,no will.step-dad passed away 9 days later, will leaving all to his kids.where do I stand?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Dec 10, 2018
Douglas Lee Bryan's answer
The answer to your question depends on when the property was acquired and whether they had a prenuptual agreement. If there was no prenup and the property was acquired during the course of the marriage, it's community property, and you have the right to inherit. If step-dad owned it from prior to marriage. or if he inherited it, it's his separate property and you would not have the right to inherit. You should consult with an attorney to determine your rights.

Q: If a married couple have 8 children total and both are wills are identical stating that the children are to receive

2 Answers | Asked in Estate Planning, Family Law and Probate for Louisiana on
Answered on Dec 10, 2018
Ellen Cronin Badeaux's answer
No. It depends who died first. You need a succession attorney

Q: If a couple is married and they have 8 children. The will states everything is to be divided equally between all eight

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Answered on Dec 9, 2018
Ellen Cronin Badeaux's answer
Your question doesn't say whose will. You need to talk to a succession attorney

Q: If a couple is married in Louisiana can the daughter of the woman obtain a power of attorney on her mother?

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Answered on Dec 9, 2018
Ellen Cronin Badeaux's answer
Woman can execute POA or living will in favor of daughter regardless of marital status

Q: Can a daughter obtain a medical (Living Will) over her mother...while being married in the State of

3 Answers | Asked in Estate Planning and Family Law for Louisiana on
Answered on Dec 9, 2018
Ellen Cronin Badeaux's answer
A mother can execute a living will in favor of any adult regardless of marital status.

Q: Ex husband came out of nowhere and took my son with an ex parte custody ruling because of ALL false allegations.

1 Answer | Asked in Child Custody, Family Law and Estate Planning for Louisiana on
Answered on Dec 4, 2018
Ellen Cronin Badeaux's answer
Go to the lab the court ordered and bring your prescriptions with you.

Q: My Siblings and I inherited a small farm from our parents and in 2000 was the last contact I had with my brother

2 Answers | Asked in Estate Planning for Louisiana on
Answered on Nov 15, 2018
Regina Scotto Wedig's answer
There are ways to ask the court to partition the property. For example, an absent heir can be represented by an attorney appointed by the court to try to contact that person.

Q: If mother left succession and it states grandson having a usufruct of home can the daughters try and sell home even if a

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Louisiana on
Answered on Oct 26, 2018
Douglas Lee Bryan's answer
The daughters can't do anything with the property that wouldn't be subject to the usufruct. In other words, it would be hard to find a buyer, other than perhaps another family member, that would purchase it knowing that the purchase would be subject to the grandson having a right of use.

Q: How do I get my name added to the deed of a house willed to me? Do I need to go through probate?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Answered on Oct 25, 2018
Christie Tournet's answer
You must do a succession in some form. The instructions in the Will, extent of any other beneficiaries, and nature of the property, values, and any debts will dictate the correct process for proceeding in your circumstances. You will need to speak to counsel well versed in probate about these factors and to obtain a more precise recommendation for proceeding.

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