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Louisiana Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My mother passed before my grandmother. The will only lists my aunt as a child. Does that exclude me from the will?

Will is from Texas and is being processed in Marietta, Oklahoma. The will says "name of my child is Janet Morgan" and "All references" to "my children are references to the above-named child". Then in the Disposition of Property it states that it should be... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 8, 2020

TX will probated in OK you need an OK probate attorney, not one from LA.

1 Answer | Asked in Adoption, Estate Planning and Probate for Louisiana on
Q: Louisiana. ...grandchild has lived in grandparents home,all his life. Grandpa died, aunts trying to evict him. He is ado

Grandchild adopted. But,family blood

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 3, 2020

If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Land in grandma name. Dad only living child. His home on property also. Wants me to inherit property. Next step?

Father inherited property from his mom. They both have homes on the property. He wants me to inherit bc I'm more responsible than my siblings. He and I pay the property tax and anything associated with the property. I also have a first cousin who feels she's entitled to all of it, even... View More

Christie Tournet
Christie Tournet
answered on Jun 2, 2020

Your father, as an heir, needs to open succession. If there is no Will, and your father is the only child, then, he may inherit. However, if there were other children that predeceased, then, their children may also have a right to inherit. You need to further discuss these specific circumstances... View More

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Can a person use a swath obituary listing to establish a relationship with a party for claims?

For example: a couple is living together in a long term relationship (greater than 10 years) but one of the parties is just separated, not divorced from their spouse would the live-in be able to use the obituary listing of their noted relationship to claim a share of property or other assets from... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 27, 2020

Without a will or marriage there is no community property.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 25, 2020

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: If my father died and then his wife died. My step mother. Am I considered next of kin and claim the house
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 29, 2020

You need to consult with a successions lawyer as soon as your father passes. But more information is needed:

When was the house purchased?

Does she have children?

Do you have siblings?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: If There are, 4 surviving kids left with house, from their parent, one sibiling gets repairs done.rents house out.

And makes his $ back from the cost of repairs. After 6 months. Then Rent or sold of the house the $ is split between 4 of kids? What if 1 passes.and he has kids who get that person part.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 22, 2020

You need a successions attorney. There is not nearly enough information to answer the question and a succession needs to be opened if there was immovable property in the estate.

1 Answer | Asked in Estate Planning, Probate and Landlord - Tenant for Louisiana on
Q: Can I be evicted from my own home?

My wife just passed away. She bequeathed half of my home to her son, which I had no knowledge of until a few days ago. He is the executor of her estate and wants his half of my house now. I know estate executors have a lot of power over a deceased's property and assets. Can he take my own... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2020

If her will left her half of the house to him and it was purchased during the marriage, that makes you the owner of the other half. Either of you can force a sale if neither of you wants to buy the other out. Call a successions attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: How do I secure money in a checking account when a parent dies and the spouse it still alive (I have power of attorney)

I am my mom's beneficiary and the account was only her personal savings account and personal checking account. My dad never contributed to the account. I live in Louisiana. What should be my first steps?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2020

Power of attorney dies with the person. At the moment of death, a will kicks in. If no will exists, then child owns half of everything dead parent owns and spouse owns half of anything acquired during marriage. Child needs to hire a successions attorney immediately.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My daughters sons have not spoken to me since my daughters death, 3 1/2 years ago can i remove them from my will?
Nina Whitehurst
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answered on Apr 4, 2020

Yes, of course! You should call an estate planning attorney to help you with this. There might be other updates that are needed to your estate plan in addition to amending or replacing your will.

1 Answer | Asked in Estate Planning for Louisiana on
Q: How can I get a copy of my dads will because my 1/2 sister will not give anyone a copy and she will not file it

Unfortunately she connived my dad because he felt sorry for her and she took him and my mom her mother to get a will made up sneakily years ago and I just found this out but she won’t give me a copy. My dad raised her and 3 more kids my mother had by 3 different men while she was married to my... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 1, 2020

Yes, anyone having a potential interest in his estate can open the succession and force her to produce the will, if one exists. Speak with an estate/successions lawyer.

2 Answers | Asked in Estate Planning for Louisiana on
Q: My father died and my brother took his truck and title and is trying to get it put in his name without my consent

He has 3 children and didn’t have a will. I was also one of the beneficiaries

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 27, 2020

You need to open a succession. Hire an attorney.

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Can a parent disinherit a child for refusing to help take care of the ailing parent In Louisiana ?

Also one child brainwashed another child as to make them believe that the mother was a bad mother.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 24, 2020

You can disinherit any non-disabled child over age 23. Have a successions lawyer draft a will for you.

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Should I know my inheritance before being asked to donate it to my stepmother?

My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share... View More

Nina Whitehurst
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answered on Feb 17, 2020

You should hire your own probate attorney in the locality where your father had lived to advise you.

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: How do you do an act of donation to my father on property we inherited that was my mothers half? She did not have a will

My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 14, 2020

An attorney handling property matters can prepare an act of donation for you.

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2 Answers | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: Can i finally get my home

As a child I bought a house from my sister with money that my dead father had left me in cds at a bank, it was taken by

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 20, 2020

You didn't finish your question.

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1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: Does my mom need our permission to sell her house? She’s a widow. There are 5 of us.

My father passed away 4 years ago. My mom needs to sell her house to get out of a financial bind. There are 5 of us, and pretty much all of us are on board with it. Does she need our permission to sell it? Also, are any of us entitled to the profit of said house?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 16, 2020

If your Dad died without a will the equity in the home is now divided as follows:

1/5 to each child

1/2 to your mother.

You will need to open a succession to sell the house because your father is still on the title. You need a succession attorney.

1 Answer | Asked in Estate Planning for Louisiana on
Q: Can I get a loan on a home left to me and my two siblings to pay them their share and I own the home with new mortgage?

No m

Nina Whitehurst
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answered on Jan 10, 2020

As a legal matter, yes, you can. As a practical matter, you would have to discuss this with a few lenders until you find one that is willing to lend. The lender will not only look at how much you want to borrow in relation to the value of the property (called loan-to-value or LTV, the lower the... View More

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Dad died testate. I’m independent executor w/an undivided interest. Must the other heir agree in order to sell.

I own the largest share. Would I need the other heirs consent in order to sell the estate to pay her, her share? Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 9, 2020

You need to contact a successions attorney and open a succession.

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for Louisiana on
Q: If two people own a home jointly 50% A and 50% B, and person B dies.Does the title need to be updated before sale?

If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?

Nina Whitehurst
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answered on Dec 17, 2019

In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an... View More

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