Louisiana Probate Questions & Answers
Q: open succession without a surviving spouses approval or help. How do we find out how much money is in accts
1 Answer
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Estate Planning, Family Law and Probate
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Louisiana
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Answered on Mar 28, 2019
Answered on Mar 28, 2019
Douglas Lee Bryan's answer
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.
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.?
Christie Tournet's answer
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 to a legal usufruct in favor of the surviving spouse. Still, it is not the same as the surviving spouse being put in "full ownership." If there are no children, then, the surviving spouse may...
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 to a legal usufruct in favor of the surviving spouse. Still, it is not the same as the surviving spouse being put in "full ownership." If there are no children, then, the surviving spouse may...
Q: How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?
Christie Tournet's answer
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.
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?
1 Answer
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Estate Planning, Family Law, Civil Litigation and Probate
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Answered on Jan 10, 2019
Answered on Jan 10, 2019
Christie Tournet's answer
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 willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could...
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 willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could...
Q: Louisiana - Stepfather dies without will. Mom resides in home that was gifted to stepfather. Succession?
Christie Tournet's answer
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 is that the mom may have a reimbursement claim; may have been keeping up most repairs/expenses. If all agree to do the succession, an Act of Donation (or sale) to the mom could also be done, but of...
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 is that the mom may have a reimbursement claim; may have been keeping up most repairs/expenses. If all agree to do the succession, an Act of Donation (or sale) to the mom could also be done, but of...
Q: I have a question about Louisiana probate law and succession.
Christie Tournet's answer
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. Then, if you thought any ill practice/fraud occurred, the time period to annul a Judgment after the discovery of the wrong is only 1 year. Thus, those timelines may have passed. In addition, would...
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. Then, if you thought any ill practice/fraud occurred, the time period to annul a Judgment after the discovery of the wrong is only 1 year. Thus, those timelines may have passed. In addition, would...
Q: Can a woman with Alzheimer's give power of attorney over herself to a person who is incapacitated in a hospital?
2 Answers
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Criminal Law, Estate Planning, Family Law and Probate
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Louisiana
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Answered on Dec 18, 2018
Answered on Dec 18, 2018
Christie Tournet's answer
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 authority to act on his/her behalf, but the acts the agent can do is limited to the person's capacity. This is a very fact intensive query in these sort of situations. You will likely have to call...
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 authority to act on his/her behalf, but the acts the agent can do is limited to the person's capacity. This is a very fact intensive query in these sort of situations. You will likely have to call...
Q: Sue and Joe are married ..Joe has 6 children from his first marriage and Sue has 2 children from her first marriage...
1 Answer
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Family Law, Estate Planning and Probate
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Louisiana
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Answered on Dec 10, 2018
Answered on Dec 10, 2018
Christie Tournet's answer
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 granted a lifetime usufruct and does Sue have the power to alienate/dispose of property subject to the usufruct. All of these factors and your specific circumstances will need to be addressed to obtain...
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 granted a lifetime usufruct and does Sue have the power to alienate/dispose of property subject to the usufruct. All of these factors and your specific circumstances will need to be addressed to obtain...
Q: If a married couple have 8 children total and both are wills are identical stating that the children are to receive
2 Answers
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Estate Planning, Family Law and Probate
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Louisiana
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Answered on Dec 10, 2018
Answered on Dec 10, 2018
Q: Can someone whose name isn't on a deed legally evict someone in Louisiana if there never was a written or oral lease?
Douglas Lee Bryan's answer
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.
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
1 Answer
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Estate Planning, Probate and Real Estate Law
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Louisiana
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Answered on Oct 26, 2018
Answered on Oct 26, 2018
Douglas Lee Bryan's answer
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.
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?
Christie Tournet's answer
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 factors and to obtain a more precise recommendation for proceeding.
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 factors and to obtain a more precise recommendation for proceeding.
Q: What happens someone passes that has life insurance. But the beneficiary is incarcerated and won't sign the paperwork
Ellen Cronin Badeaux's answer
Nothing happens. If beneficiary does not want benefits, they are not disbursed.
Nothing happens. If beneficiary does not want benefits, they are not disbursed.
Q: My Mom has some money put away to pay
Douglas Lee Bryan's answer
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 funeral.
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 funeral.
Q: My sister passed in June she had no will, has an equity mortgage. I want to sell the property and pay of her debit.
Douglas Lee Bryan's answer
A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.
A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.
Q: What happens if the person who was going to be the executor died and it wasn't changed?
Douglas Lee Bryan's answer
Someone else would need to apply to be appointed. Some wills have an alternate executor if the primary person appointed is unable or unwilling to serve.
Someone else would need to apply to be appointed. Some wills have an alternate executor if the primary person appointed is unable or unwilling to serve.
Q: 4 of 5 heirs agree to sell co-owned property per a will. Can executor sell independently & distribute funds per will?
Christie Tournet's answer
Depends on how Will reads. If someone was appointed as independent executrix, then, that person can make such decisions for the estate free of court authority. If independent administration was not included in the will, then administration needs to occur, and the formal administration steps need to occur - request authority from court, show a contract is on the table, publish notice, and advise the court if any objection. Any formal, filed objection will need to be set for hearing. You...
Depends on how Will reads. If someone was appointed as independent executrix, then, that person can make such decisions for the estate free of court authority. If independent administration was not included in the will, then administration needs to occur, and the formal administration steps need to occur - request authority from court, show a contract is on the table, publish notice, and advise the court if any objection. Any formal, filed objection will need to be set for hearing. You...
Q: How can I obtain a copy of my deceased cousin's birth certificate for an estate matter after her death?
Douglas Lee Bryan's answer
You would have to be appointed as the administrator of her estate. A succession/probate attorney can help you with this.
You would have to be appointed as the administrator of her estate. A succession/probate attorney can help you with this.
Q: My friend is in the Pti program,he caught a ride from work with a coworker and the car was pulled over not long after
Ellen Cronin Badeaux's answer
Yes the bag of weed can be a violation of Diversion. He needs a criminal defense attorney.
Yes the bag of weed can be a violation of Diversion. He needs a criminal defense attorney.
Q: Does every will have to go through probate court?
Christie Tournet's answer
Yes. A Will can change who receives property from the default, intestate procedure. Thus, the court must look at the Will and determine if it is valid and then address the bequests and the beneficiaries.
Yes. A Will can change who receives property from the default, intestate procedure. Thus, the court must look at the Will and determine if it is valid and then address the bequests and the beneficiaries.
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