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In Louisiana law what age limit was a forced heir in April 1991?
Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.
Does this law apply to a last will and testament that was written in 1991?
Or does the... View More 
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answered on Oct 29, 2024
When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.
Since the law changed on... View More
Wehave been together for over 10 years. About 2 years ago his cousin told his dad that I said something that was't true. His dad disowned him and changed the will to exclued my boyfriend He is an only child. We have text messages showing the decline in his dad'' mental health. We... View More
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answered on Jun 14, 2024
Consult with a competent LA attorney. But boyfriend will have standing to contest the Will. But it does not sound like you have grounds for a successful Contest.
answered on Mar 20, 2024
More information is needed here as the use/applicability of a POA is different than the use applicablity of a will. A POA is in effect while the person is living. The provisions of the will are not applicable until after the person passes. I highlty recommend that you set up a consultation with... View More
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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
What reason would he need me to do that.
answered on Jun 5, 2023
You do not indicate how old you are or the relationship you have with your father. Regardless of these answers, I would suggest that you contact a succession lawyer in your area and discuss your rights. Ir if you are out of Louisiana, and the property and your father are in Louisiana, then... View More
Scam or worth hiring an attorney
answered on May 10, 2023
Save your money friend. It's likely a scam, especially if you were contacted via email. Ask yourself why a distant relative would leave so much money to someone he/she hasn't met, and how they managed to find your email address.
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.
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
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?
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... View More
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.
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
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
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
There's is forged will being put Into picture and the sons are arguing it is the real one.
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
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
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?
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
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?
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
answered on Jan 13, 2023
Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.
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
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
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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
Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.
answered on Oct 3, 2022
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
I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.
answered on Sep 27, 2022
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
I want to make sure that no relative has the opportunity to file a wrongful death or other types of lawsuits on my behalf if I've died. Instead, if applicable, I want to leave that sole right and opportunity to my partner, to whom I'm not married.
answered on Sep 2, 2022
You need to speak to an estate planning attorney to discuss whether or not what you desire can happen. Good luck.
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