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Louisiana Probate Questions & Answers

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 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 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.

1 Answer | Asked in Personal Injury, Estate Planning and Probate for Louisiana on

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 »

Ellen Cronin Badeaux answered on Jul 16, 2019

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 »

1 Answer | Asked in Probate for Louisiana on

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?

Christie Tournet answered on Jul 3, 2019

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 »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on

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 »

Sye J Broussard answered on Jun 15, 2019

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.

1 Answer | Asked in Banking, Estate Planning, Municipal Law and Probate for Louisiana on

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 »

Bruce Alexander Minnick answered on May 17, 2019

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 »

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on

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 »

Douglas Lee Bryan answered on Mar 28, 2019

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.

1 Answer | Asked in Probate for Louisiana on

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 answered on Mar 25, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Louisiana on

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 answered on Jan 10, 2019

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.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana on

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 »

Christie Tournet answered on Jan 10, 2019

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 »

1 Answer | Asked in Probate for Louisiana on

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 »

Christie Tournet answered on Jan 3, 2019

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 »

1 Answer | Asked in Probate for Louisiana on

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 »

Christie Tournet answered on Dec 21, 2018

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 »

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Probate for Louisiana on

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?

Christie Tournet answered on Dec 18, 2018

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 »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on

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 »

Christie Tournet answered on Dec 10, 2018

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 »

2 Answers | Asked in Estate Planning, Family Law and Probate for Louisiana on

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 »

Ellen Cronin Badeaux answered on Dec 10, 2018

No. It depends who died first. You need a succession attorney

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1 Answer | Asked in Landlord - Tenant and Probate for Louisiana on

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 »

Douglas Lee Bryan answered on Oct 31, 2018

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.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Louisiana on

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

Douglas Lee Bryan answered on Oct 26, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Louisiana on

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.

Christie Tournet answered on Oct 25, 2018

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 »

1 Answer | Asked in Estate Planning and Probate for Louisiana on

Q: What happens someone passes that has life insurance. But the beneficiary is incarcerated and won't sign the paperwork

Ellen Cronin Badeaux answered on Oct 22, 2018

Nothing happens. If beneficiary does not want benefits, they are not disbursed.

1 Answer | Asked in Probate for Louisiana on

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?

Douglas Lee Bryan answered on Oct 19, 2018

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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