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Louisiana Estate Planning Questions & Answers
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

3 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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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?

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 Estate Planning and Real Estate Law for Louisiana on
Q: Arabic speaking lawyer in Baton Rouge
Randy Bryan Ligh
Randy Bryan Ligh
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.

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

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: I'm in the state of Louisiana. How is estates settled after death with no will.

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.

Randy Bryan Ligh
Randy Bryan Ligh
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

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: My mother left me a small house in her will. She has no other property. How do I get the house in my name?

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.

Randy Bryan Ligh
Randy Bryan Ligh
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

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1 Answer | Asked in Estate Planning and Wrongful Death for Louisiana on
Q: When writing a will, is it possible to prevent a relative from filing a lawsuit in my name after I die?

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.

Randy Bryan Ligh
Randy Bryan Ligh
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.

1 Answer | Asked in Estate Planning for Louisiana on
Q: In Louisiana, wife was donated property by her parents. Parents kept usufruct. Wife passes, who gets property.

Wife's parents donated property to daughter and parents retained usufruct. Wife passed a year ago. Who gets the property? The husband, the kids or does it go back to parents?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2022

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

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: Ok my fiancee's parents died in a car wreck 2 yrs ago she just finished to get rn license in Florida and I'm in Louisian

I was contacted by lawyer saying he needed a Sworn Affidavit of Oath of Kinship proceeded saying something about Georgia which I'm assuming that's where he is and needed 400 and something dollars. I said I needed some legal documentation and his response was

Sir any... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 4, 2022

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

1 Answer | Asked in Tax Law, Estate Planning and Family Law for Louisiana on
Q: What is the rules of tax purchase on property. He has paid taxes since 2005 . Prperty owner has died no kids or wife..
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 12, 2022

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.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I live in Louisiana, my mother has passed away. I have 1 sister and a 1/2 sister. can my dad leave my 1/2 sister out

my father has me and my sister's benefices for all of his accounts

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

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

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1 Answer | Asked in Estate Planning for Louisiana on
Q: Can an exector withdraw money from the estate without permission from the judge in the state of LA

My brother is the excector of my Mom's estate and he has sold all of the household goods in order to pay his attorney to fight me in court, can he withdraw money from the estate without judge approval?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 23, 2022

Most likely yes, but a lot of it depends on the language in the Order which appointed him as executor. Also, you might be able to go to Court and context the disbursements-----contact a succession lawyer in your are and arrange a consult to specifically discuss your matter. Good luck.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My trustee of spendthrift trust has not provided me an accounting of any thing at all from the start. In Louisiana

My father passed away in May 2020. Among very egregious things she has not provided any information at all from the beginning till now I’ve asked numerous times and I am always told it will be soon I don’t even know what it was to begin with

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 10, 2022

If the trustee will not voluntarily provide you the information you request and you are entitled to receive such, then you need to consult with and possibly hire an attorney to assist you in obtaining this information.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Once a will is filled with the courts how long should it take to disperse the money . Is there a time line?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2022

It's a case by case basis determined by the complexity of the estate and the organization of the debts/assets. If you are on good terms with the attorney who opened the succession, then contact the attorney and ask for a timeline, as well as what needs to be completed before a disbursement... View More

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