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Louisiana Probate Questions & Answers
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... Read 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 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 Personal Injury, Car Accidents and Probate for Louisiana on
Q: In a Superseding and Amended Petition, does the Plaintiff have to state everything that is in the original petition, or

or just the changes being made?

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

An attorney needs to look at both documents to tell you.

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... Read 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 Criminal Law and Probate for Louisiana on
Q: Can the state of Louisiana extend my probation due to financial obligations

My probation period ends in april however the judge gave me a court date in june. My probation officer told me she may extend my probation another year.

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

Yes unless probation supervision fee, fine, and court costs are paid.

1 Answer | Asked in Probate for Louisiana on
Q: I need help executing a succession in Louisana

My brother and niece didn't sign the succession, because they wanted to contest the will, however I'm the executor, my niece and brother took what they wanted, and has caused me financial hardship because of not signing the succession. I paid my attorney the full amount, but yet she fired... Read more »

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

You should consult with another attorney immediately. He or she can discuss your best option to finish the succession. Your siblings don't have to sign to conclude matters, although it helps. If your new lawyer feels your previous lawyer overcharged for the work performed, he/she can give... Read more »

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... Read more »

Nina Whitehurst
Nina Whitehurst 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 Probate for Louisiana on
Q: Can i get evicted from my fathers house by the executor

my father gave me permission to stay at his home while awaiting my home to be ready. During that time he passed away. I am not the beneficiary, my son is. My son is not the executor a lady is who took care of him. Can she evict me while I am waiting on my house to be ready.

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2020

I am sorry to say but yes, she probably can, and she probably has a duty to do so. The executor is charged with collecting all property in the estate and securing and maintaining it. Without a written lease, you don't have much of a leg to stand on to stay. You might try negotiating a short... Read more »

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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 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 Estate Planning and Probate for Louisiana on
Q: My Dad died almost 27 years ago and left no will. Mom died 5 yrs ago. Property value less than 100.000. Start where?

There are four living children, two dead full siblings and one dead sibling belonging to father. Dead siblings have children. Mom left a will leaving the house to me and the living siblings are fine with that. We don't have money for lawyers, so how do we handle this? I am in Alabama but my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 1, 2019

Can't teach you how to do a succession on a website. You need a lawyer.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2019

The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held... Read more »

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Is my Indiana will legal. I just moved to Louisiana.

My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Simple fix. Take it to a Louisiana estate planning attorney. Ask her to copy it and make it conform to LA law.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Louisiana on
Q: What does it mean ratifaction on unsupervised probation

I'm on a 1yr. Unsupervised probation and a fines of 525$ and it can be ratifaction r ratified

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 9, 2019

Do you mean revoked, not ratified?

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: DID an Act of renunciation notarized in 2011 cut off that heir's heirs or did it require a specific donee?

Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

You need to consult with a trusts and estate attorney let them review all documents.

1 Answer | Asked in Probate for Louisiana on
Q: If the judge revoked my probation and gave me credit for time served , should I still serve jail time?

I got picked up for an outstanding warrant for some probation when i was16, im now 21 & whenever I went to court the judge revoked probation and gave me credit for time served plus he dropped the charges. But my probation officer came and told him that I had never done anything i was supposed... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 10, 2019

You have this question listed under probate law. You need to list it under criminal law so the right people will see it.

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