Louisiana Probate Questions & Answers
Q: Can I be evicted by my siblings
We have to sell the place and split the money. I want to stay til we sell it and they want to kick me out and I have no where to go. I have been living here almost 2 yrs.
You have not provided enough information to answer your question. I am guessing, though, that you all inherited the property. Yes, the executor can kick you out. The executor has a duty to safeguard all estate assets and prepare them for sale when that is the ultimate plan of disposition.
Q: Great Grandparent died 31years ago. Great Uncle is the last surviving child. How can he gift me her land he is in care
Your recitation of the facts does not contain sufficient information. A probate attorney would need to know whether the great grandparent had a will and what the will said, and if the great grandparent did not have a will, who the surviving heirs were at the time that she died.
Q: Can I reopen a case of my father's accidental death that my sister took place in and never included her other siblings?
She settled the case and brought us a check for $125 and said that's what the lawyer said we come out with, but we never once met up and talked with him for anything. Now my sister is living (Like The President) comfortably, with no explanation on how she's gotten all this money... Read more »
I have no idea how long ago your father died, how long ago you got the check, in which parish the claim/suit occurred, whether it was fraudulently asserted there were no other heirs. You need to hire a civil attorney, answer many questions, for which you haven't supplied information, find out if... Read more »
Q: My husband passed away in May and we did not have any children. He left everything to me in the will.
Do I have to do a succession?
Yes, the succession is the legal process to update all titles from his name, or your and his name, to your name alone by virtue of the Will. Without the succession, and the end judgment permitting the transfer of ownership, a cloud on the title will remain and you will not be able to sell until... Read more »
Q: What are my rights re: succession eviction and disability in the State of Louisiana?
84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »
Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.
Q: Hi, my dad past didn't leave a will or trust but owned property an have bank accounts what lawyer can help me with this?
I'm trying to obtain a pro bono lawyer to help assist me in gathering my dad's property house or houses an land, bank accounts, vehicles ect... An to assure all of his assets has NOT been touch sold access bank accounts or ANY ILLEGAL ACTIVITIES since the death of my dad in 2003 I feel ILLEGAL... Read more »
There is no such thing as a "pro bono lawyer." However, many lawyers will volunteer some of their valuable time to help out very poor folks who have very important legal problems and cannot afford to hire a lawyer.
"Gathering your father's property house or houses an land, bank accounts,... Read more »
Q: open succession without a surviving spouses approval or help. How do we find out how much money is in accts
Mom died and has a will leaving her share to two children. Dad is about to remarry and kids want to open succession on mom. Dad isn't going to cooperate because his new wife to be is telling him to hide his money. How do the children find out how much money was in bank accts and investments at the... Read more »
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: Can a surviving spouse claim full ownership of home and sell or donate it if there is no will for deceased partner, La.?
Depends on several factors - was the home community property and did Decedent have children? Even if the home was community property and the Decedent had children, then, under LA default, intestacy law, the children inherit the decedent's former half interest in the community property, but subject... Read more »
Q: How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?
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?
The notary was good friends with my father & aunt. My aunt, who was put in charge of everything until my brother and I turned of age, sold his house to the notary. When it should have been signed over to my brother. She only paid $5000 for the I house and land and put on paper it was sold for like... Read more »
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... Read more »
Q: Louisiana - Stepfather dies without will. Mom resides in home that was gifted to stepfather. Succession?
Mom's living in home she's shared with my stepfather since the 70's. He's deceased. Home was gifted to him by his uncle. It's still in stepfather's name. Whole house needs major, repairs. Falling apart, top to bottom. Hubby and I are helping as much as we can financially with repairs, and we're... Read more »
Because the Decedent did not have a Will and it appears the value of the estate is under $125k, a small succession affidavit can be done with an attorney. However, the Decedent's children will stand to inherit, as it appears the land/home was the Decedent's separate property. Potential leverage... Read more »
Q: I have a question about Louisiana probate law and succession.
Until just recently I never knew my fathers name, but only how and where he died.
After researching the time and cause of his death I discovered that just five months before I was born in December of 1954 a man I suspected of being my father was killed in his New Orleans business.... Read more »
Unfortunately, there are a lot of factors still requiring answers and too much time may have already passed. First, if the father passed back in 1954, succession was likely opened long ago. If there was a testament, the prescriptive period to contest a Judgment probating a testament is 5 years.... Read more »
Q: Can a woman with Alzheimer's give power of attorney over herself to a person who is incapacitated in a hospital?
The incapacitated is in the hospital with a massive stroke. Is there a law that has been broken? How many witnesses must be on a poa? Shouldn't the person who is receiving the poa sign it?
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... Read more »
Q: Sue and Joe are married ..Joe has 6 children from his first marriage and Sue has 2 children from her first marriage...
This is the second marriage for both of them and they were married in Louisiana a community property state.......now Joe and Sue have identical wills written which states that if Joe preceeds Sue in Death or vice versa...the surviving spouse has usufruct of all of the assets, home, vechiles,... Read more »
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... Read more »
Q: If a married couple have 8 children total and both are wills are identical stating that the children are to receive
equal shares of all assets of the (home and furnishings, money, stocks, bonds, and vehicles. Does that mean the two biological children of the woman only receive 1/8 of their mother's assets..instead of 50%?
The couple are married in reside in Louisiana (Community Property and Forced... Read more »
No. It depends who died first. You need a succession attorney
Q: Can someone whose name isn't on a deed legally evict someone in Louisiana if there never was a written or oral lease?
The mother's name has been deed since 1992. She died in 1996. No will. No succession ever done. Been living in residence since 2006 with other brother who passed in July of this year. No oral or written lease. No rent ever paid to her or anyone. One son whose name isn't on deed is saying hes... Read more »
Technically anyone with a legal interest in the property can evict you if you don't have permission to live there, but anyone with a legal interest can also give you permission. I would suggest that you get written permission from one of the other heirs, preferably in the form of a lease.
Q: If mother left succession and it states grandson having a usufruct of home can the daughters try and sell home even if a
All five don't agree to sell 3 do and 2 don't
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?
My grandfather recently passed and his notarized will left a house to me. I am the executor of the will and beneficiary. We didn't go through a lawyer since he didn't have much.
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... Read more »
Q: What happens someone passes that has life insurance. But the beneficiary is incarcerated and won't sign the paperwork
Nothing happens. If beneficiary does not want benefits, they are not disbursed.
Q: My Mom has some money put away to pay
in a standard back account for funeral, etc. - will we be able to access it before probate?
I would suggest making sure that another family member's name is on the account to ensure that it can be accessed after your mother's death. If not, the bank will likely freeze the account until someone is appointed to handle her estate. Another option would be for your mother to pre-arrange her... Read more »
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