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Louisiana Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: A 5 yr. after death clause not to sell property, beneficiaries are 56-66 Four of us. can we change that.?

One of us is against it.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 16, 2021

Possibly, but without seeing the paperwork setting up the clause and knowing the circumstances behind the language, it is difficult to provide an informed answer----that said, if there is a chance to change that, then your best bet to do so would be with legal representation so I would recommend... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Do divorce papers affect a will? Explanation- Myself and my (then) husband made a will in 2001 stating upon his death I

Inherit all. We have 2 children ages now 17&24. My main question is that in the divorce papers I signed over all properties, cars, home etc...in other words I left with the clothes on my back literally. BECAUSE OF THAT FORCED DECISION DOES THAT IN FACT VOID THE WILL? My xhusband just passed... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2021

If your ex husband got the immovable property and vehicles, then those items are now in his estate. If he left you everything in his will, then you get it all, minus any forced share to your children. Your divorce is irrelevant to the enforceability of the will. If he never got around to... Read more »

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can a married couple file a joint Last Will and Testament, with the surviving party being the heir?

This would be both agreeing to disposal of the remainder of the estate after the last survivor passes.

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Joint and Mutual Wills are almost always asking for a Will Contest after one or both testators die. Do not draft nor execute anything like it. Two separate Wills, even with extremely similar legacies and devises, are always better.

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1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Decedent died a mth ago.no will. no parents /wife/children. Has two surviving brothers.

Value is under the 125k amount.

We are interested in buying this house. How do we ensure who has legal right to sell it and if it has a clear title?

State is Louisiana

Myrna Arroyo
Myrna Arroyo answered on Jan 3, 2021

The decedent's house would pass to his brothers, if he left no parents, spouse or children. The brothers will need to open a succession. If all the decedent's assets are less than $125K, and all of his heirs are in agreement, they can execute a Small Succession Affidavit to transfer the... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Louisiana on
Q: My step dad left me everything in his will. He has mortgage still but no other debt. What happens next?

My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 14, 2020

Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: how do i ask the court A stay of proceedings until i have found an attorney ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 25, 2020

You file a Motion to Continue

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: My farther died with a will leaving everything to my step mom. But she did not do as a session in the state of Louisian

So what happens next since everything is still in both their names what does that mean for his children

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If I understand you correctly, your step mom did not probate the will because everything was held jointly. If this is the case then all assets are now hers by operation of law. You and your children have no right to any of those assets. She is free to dispose of them in any way she chooses. She... Read more »

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Step father left his pension to my mother upon his death. She passed in 2017 and the pension hasn't been claimed.

His children don't want anything to do with the funds since they would have to pay for a succession. He raised me for 15 years and contributed to my care as well as I did his later on. Is there anything I could do to rightfully claim this property? I have notified all heirs and none want to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 30, 2020

Contact his pension administrator.

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1 Answer | Asked in Employment Law and Probate for Louisiana on
Q: my mother passed away in 2017 she had a lawsuit against BP due to the oilspill how do i find it

how do i obtain her lawsuit

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 11, 2020

You should have the executor of her estate contact the law firm that was handling the case for her.

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: I am in Louisiana my Dad died without a will and mom is still alive. My family wants my brother to be executor I don’t

My father had inheritance from his parents. My family wants him to be executor and I don’t trust him. He has drawn up paperwork for us to sign and file to make him executor. My question is if I sign this paperwork does it waive my right to open succession at a later time? We don’t have a good... Read more »

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

Do NOT sign anything he presents to you. Hire a Successions attorney and open the Succession yourself.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Father made a will 30yrs ago after mother passed. He ask myself middle child to be in charge of his will.i told him to p

ut my sister the oldest in charge. At the time he was spatting with my sister and brother.That was 30 yrs.ago soon after he recobsiled with them.So he put his sister. The will was in my father's safe when he passed,ut for the last year he has been telling me he needed to go to lawyer change... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 17, 2020

If the will is valid and it says everything goes to your sister, that's what happens. He could have included equal distributions to each children but he didn't.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am a widow with disability (spinal arthritis). My husband left a will with nothing bequeathed to my name.

I am a surviving widow, a greencard holder. I was married to my husband for 6 and a half years, but nothing is bequeathed to my name. I need support for my medications, I have no house and no income, not able to work due to my health condition (spinal arthritis and continuing nerve pains). My... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

Your situation is quite complicated and cannot be answered or solved in a couple of paragraphs online. Please go visit a probate attorney and explain your situation. Most attorneys are willing to meet with you for a first appointment for free and tell you what your options are. Just call ahead and... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am in Louisiana Can I force my siblings to split my fathers assets or can I force them to buy me out? He had no will

My father died without a will but my mother is still alive. My father inherited stocks and cash assets from his parents and also 1/2 plus 1/5th of his parents house which my parents then bought out my dads siblings. My mother now lives in this house. I am unsure if they used inherited money of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2020

You don't need their permission. You can open the succession and force either a sale or buy out of the house and liquidation of the rest of your Dad's estate. Hire a successions attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Parents passed away owning a house but didn't leave it in no one's name

So what can you do when that happens when your parents have 5 kids and left no name on the house but theirs and now they pass and two wants to sell or be bought out of the property what to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

Kids need to hire a successions attorney and open the succession.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: Our father passed away 10 yeas now My sister was named executor my dad left his half of house and land to 5 children

Children 2 of the 5 children have since passed can the executor take their name off the will

And do you have to have a probate ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

Yes to probate. Yes to voluntarily waiving a share. Hire a successions lawyer.

2 Answers | Asked in Child Support, Estate Planning and Probate for Louisiana on
Q: Do I receive the back child support if he had a lien? Do my kids need an attorney to receive the settlement as next kin

My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 24, 2020

If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I... Read more »

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1 Answer | Asked in Probate for Louisiana on
Q: My mother was killed in a automobile accident on June 3,2020 and at the time of her passing she did not leave a will.

She owns a home (4918 Okeefe St Bossier City, La) which my girlfriend and I were currently living in at the time of my mother passing. I am the oldest child of two from my mother and father (mom and dad have been divorced for years now). My mother does own the home but has a mortgage due to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 20, 2020

While your sister has a right of use to the house, she cannot kick you out to gain it. You have equal rights to use of the home. You can sue your sister for wrongful eviction and to be restored to use of the home. If you no longer wish to be a co-owner of the property with your sister and she... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are sure that my son's great grandmother had a will, but her son is withholding it in order to keep it. What can do?

Her son is saying there is no will, and that she wouldn't have wanted my son or his dad to have anything. We know this to be untrue, but we don't her attorney's name. He refuses to produce a will. He only expresses his opinion of why nobody should get anything. Doesn't her... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2020

Her attorney can't notify anyone of a legacy, if the attorney doesn't know she's dead.

Call her friends and find out if any of them know her lawyer's name.

If your child's father is dead, incompetent, in prison, or hospitalized, then you can hire an...
Read more »

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