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Louisiana Probate Questions & Answers
1 Answer | Asked in Probate for Louisiana on
Q: What does it mean if the LA court denies the filing of a handwritten will citing articles 2891 and 1605
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 13, 2022

More information is needed to properly respond to this. What exactly was presented to the LA court---the original or a copy of the handwritten will? If it was not the original, then that is the probable reason for the denial. if it was the original, then perhaps the document purporting to be the... Read more »

1 Answer | Asked in Probate for Louisiana on
Q: I’m the sole beneficiary of my dads assets. It clearly states I get everything bank accounts property truck mobile home?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 19, 2022

What is your question? We do not have the will to agree or disagree. That said, I am sorry for your loss but if your father had assets/an estate at the time of his death and a will, then I would recommend that you consult with a successions attorney in your area---ask him all of the questions... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Are step kids entitled to part of my 401k?

My wife recently passed away. We did not have any children but she had two children from a previous marriage. I never adopted them or anything like that and they are both in their 30's now. During the marriage I had and still have a 401k that I contribute money to. My wife is obviously no... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

With the concerns identified in your post, I would recommend that you contact an attorney knowledgeable in community property law and in probate/successions law to discuss your concerns and any other which you might think of before your meeting and how to proceed going forward.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Are any of these wills still good?

My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.

1 Answer | Asked in Probate for Louisiana on
Q: Is a legatee resposible for the repayment of a loan that is collateralized by property thats not part of legacy?

Decedant left home and property, via a notarial will, to legatee who was his best friend and roomate for 20 years and who exclusively cared for decedant until his death. Thus decedant died testate as to said property. Prior to his death, decedant used said prooerty, along with five other... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 26, 2021

You need to contact a succession lawyer and discuss this with him. You have the right to open the succession just as the decedent's heirs have that right. Meeting with a succession lawyer can provide insight into the pros and cons of this and your specific situation.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 13, 2021

I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.

1 Answer | Asked in Family Law and Probate for Louisiana on
Q: Can me and my sister Sue the person who had POA and used my mother's money to purchase a house and vehicles can we Sue

She put the house and vehicles in her own name not our mothers. Our mother just died September 6th of this year what can we do to get our inheritance back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 5, 2021

Hire a Successions attorney.

4 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my 17 year old nephew sign a a t of donation form to donate his portion of the house to me or does he have to be 18

My parents passed away and left the house to the children but my deceased brothers children wants to sign their portion of the house to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 14, 2021

No a 17 year old cannot donate an interest in house to you.

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2 Answers | Asked in Probate for Louisiana on
Q: Dad died 2 sons inherited everything but his siblings wont give us the keys to truck or camper how do we get the propert

His sis in law is on his checkbook to pay his bills and they want to buy a huge headstone with the 10,000 in bank but he never said that. If shed on the account does she get the money do his heirs have right to close account he had no debt

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2021

If you have family fighting over this, then you need to hire an attorney to protect your interests---- Use the Find a Lawyer tab and search for succession/probate attorneys in your area-----some will provide a free initial consultation----after you speak to a few, hire the one with whom you are... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

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

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are legal heirs to my deceased sister's estate. Her husband Re-titled her vehicle to his name. What can we do?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 26, 2021

Hire a successions attorney to open your sister's succession.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I have a question about a trustee's power of discretion that is listed in the trustee power's section of my dad's trust.

The following is listed in the section listing the trustee powers. Does the following language mean the trustee can distribute assets as they see fit?

"To make any divisions and payments pursuant to the terms of this Agreement, using cash, securities real estate or other property of... Read more »

James Scott Ruel
James Scott Ruel
answered on May 24, 2021

You should have a lawyer review the entire trust.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I just found out my ex wife sold my deceased father's jeep .. can I file charges against her?

Jeep was left on property that we still both own but she lives there... I was given no notice . The Jeep was part of my father's estate

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

How could she transfer the title? Yes call the Sheriff's office.

1 Answer | Asked in Civil Litigation and Probate for Louisiana on
Q: What is my recourse for stolen property that has little/no intrinsic value (ie. journals, photos, etc)?

After my wife passed away, her mother obtained all of my wife's journal's, photo albums, and clothes. She now states they have all been destroyed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2021

File a sheriff's report for theft.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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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
PREMIUM
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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