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Louisiana Probate Questions & Answers
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 term... 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 to as... 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.

1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: On the property tax paper it has my dad's name followed by et el. Both of my parents are deceased. Dad never had a wil

But my mom did. How is the property devided up if both are deceased but sucession was never done on either parent in Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2019

All your father's children and all your mother's children are now co-owners until someone opens a succession. Contact a wills and estate attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Louisiana probate question regarding if will is enforceable

Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.

Does the grandchild have a claim to the home or since everything went to grandmother... Read more »

Christie Tournet
Christie Tournet answered on Sep 27, 2019

Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 25, 2019

Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

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1 Answer | Asked in Criminal Law and Probate for Louisiana on
Q: My son was arrested 8-21-19 charges are CDS 2 and probation violation. Po sent file terminating probation why no releas?

Legally how long can they hold him?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2019

Probation violation so they can hold him for a revocation hearing.

2 Answers | Asked in Probate for Louisiana on
Q: My moms Lawyer that drew her and her husband Will 1992 is not producing the Will to me because of conflict of interest

My mom and her husband had Wills made up in 1992, my mom was diagnosed with Alzheimer's in 2012. Her husband tried to change the Will after a family argument. Now they have both passed within 3 months of each other. Her lawyer won't give me a copy of her WILL because of conflict of interest. The... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2019

If all you have written is true, you have a good chance of having the 2012 will set aside on the basis of lack of capacity. Hire a will contest attorney to help you. This is not a do it yourself project. And do not delay. If you wait to long you could find that it is too late.

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1 Answer | Asked in Probate for Louisiana on
Q: My husband and I have been married since 2007. His Father passed away in 2013. In his will he left rental property

With homes on them to my husband and his only sibling. My Father in laws brother owned a very small percentage of the property and homes also. He signed his portion over to my husband and his siblings very soon after my father in law passed away. My husband and his sister owned them for a couple of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

Title insurance companies are uber conservative. Any time a married person conveys property they want sign off from the spouse. It is easier than doing the due diligence to confirm that the property is indeed his separate property and that his wife has no marital or community interest or right of... Read more »

2 Answers | Asked in Probate for Louisiana on
Q: Can a will be executed BEFORE the death of the person who initiated the will?
Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

A will MUST be executed during lifetime. It is not possible for a person to create and sign a will after he or she dies.

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3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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1 Answer | Asked in Probate for Louisiana on
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.

Nina Whitehurst
Nina Whitehurst answered on Aug 15, 2019

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.

1 Answer | Asked in Probate for Louisiana on
Q: Great Grandparent died 31years ago. Great Uncle is the last surviving child. How can he gift me her land he is in care
Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

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.

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