Get free answers to your Probate legal questions from lawyers in your area.
My father passed away nearly 18 years ago from a heart attack. He did not have any prior heart issues, but he was on albuterol at the time, which I later learned could cause heart problems. We have not previously pursued a legal investigation into this matter and are unsure if it's too late to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025
I'm sorry to hear about your father's passing, Jessica. In most states, wrongful death claims related to medications have statutes of limitations ranging from 1-5 years, which means 18 years would likely exceed this timeframe. However, some jurisdictions have "discovery rules"... View More
I just want to know if we have to wait for this one piece of land to sale before we can distribute the proceeds from sale of house all bills paid house is sold closed last week
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2025
Hire a LA for advice now before you become liable for alot of debts which you did not create.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024
You need to consult with an LA attorney. Do you have any idea of what your Father owned? Make a list of assets and then start checking.
For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2024
When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More
In Louisiana law what age limit was a forced heir in April 1991?
Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.
Does this law apply to a last will and testament that was written in 1991?
Or does the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.
Since the law changed on... View More
My father passed away at a Florida assisted living facility while still a legal resident of Louisiana (filed state taxes and has property in Louisiana). His widow has now removed my sisters and I from the original community property will using a Florida attorney. She is attempting to liquidate... View More
answered on Oct 23, 2024
You need to hire an attorney or attorneys who are familiar with both Louisiana and Florida successions/probate laws. Your immediate action is essential to being able to protect your family's rights. Your question is much too complicated and involved for a forum such as this. Good luck.
A sibling filed and was granted representative of my mother's estate in Shreveport, LA. I was not aware of the filing until after the process began. (I reside in Texas). I did not have the opportunity to contest it. He has been transparent and has not communicated during the process. I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2024
Hire a LA attorney as a trial will be required. Lawyer will have you as a witness to put on proof.
My mom passed 11/23. He instantly got in her suv. What rights if any does he have to drive it? What happens when its time for the insurance to renew? Shouldn't the tags be pulled? Also, she was married but they are claiming community property, I say wrong because she bought it with money she... View More
answered on Sep 9, 2024
You have a lot of questions and more information is needed---my suggestion is that you seaarch for a succession/probate lawyer in your area---set up a consult and at the consult ask your questions----at the end of the consult you can decide if you want to hire that attorney or if you need an... View More
2nd marriage for both. She wasn't left anything in his will except usufruct.
answered on Sep 11, 2023
Based on your post, the need for the usufruct no longer exists and the people who are supposed to received the property subject to a usufrust no longer have to worry about the usufruct. That said, I recommend that you contact a probate/succession attorney in your area and have a specific consult... View More
answered on Sep 7, 2023
It is possible, however not enough information is provided, and anyone providing you with an intelligent answer will want and need to do some research, including a review of the public record, before providing you with an answer---my suggestion is that you contact a real estate lawyer and/or a... View More
We were not together when she died. She was married to someone else. We never did anything with the home. I still live in the home. She does have one child with me and one child with someone else. We are in Louisiana. I am on the deed to the house but not the loan for the house. I have paid on the... View More
answered on Aug 23, 2023
You really should speak to a succession lawyer in your area to make sure you have a clear understanding of your rights. Someone may open your ex-girlfriend's succession and that lawyer may reach out to you, however that lawyer does not represent you --hence the reason you should at a minimum... View More
3 policies purchased in the 70s
beneficiary was changed twice, lastly to my dads oldest son
they had a falling out about a year prior to his death
dad changed his will to exclude his son from getting anything
multiple people including non family members know of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023
You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More
The deceased brother printed his name using his nickname and the other brother signed in cursive.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023
Probably not. No testamentary intent shown. Possibly no witnesses.
I have 2 siblings both have taken everything and kept the house I've gotten nothing and now since they have what they wanted they don't want to do anything and it's been over 3 yrs he passed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023
You will need to hire a LA attorney to search the title and examine a Probate file if one was filed at Court. It may be called Succession there, but a LA attorney will know if there was a Court administration of the Estate or not. House may be the only asset left, which may need a Partition.
I've been paying the mortgage. The property that was not willed to me was not addressed in the will at all. The estate is partially testate/intestate. The family refuses to pay anything on the mortgage. If I payout the entire mortgage will I then own all of the land used as collateral ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023
I would recommend drafting quit claim deeds from each of the other legatees and all heirs of the Decedent. They should convey under any and all sources of title, and very detailed derivation of title clauses should explain this. Hire a competent LA attorney to draft those deeds and to ask each... View More
I am the executor of my husband’s will. I am having difficulty getting the land transferred into the legal heirs name. I need advice on how to get this resolved. I have talked to the Acadia Parish Tax Office to no avail.
answered on Jul 5, 2023
If your husband had a will, it will need to be probated to have the land transferred. This can be done by way of a small succession affidavit, if his estate is valued at less than $125,000, or by filing a petition for probate with the court. An attorney experienced in successions law can give you... View More
My parent died last year, from what I’ve read me and my sibling inherited 50% of their community property per Louisiana law. Are we required to pay off the deceased parents medical bills and taxes on their property? There was no will, and our step parent was sole beneficiary on life insurance and... View More
answered on Jun 23, 2023
If you accept a succession's assets, then, you must also accept any related, valid debts. Now, you may be able to negotiate unsecured debts, like medical expenses and credit cards, down, but items like mortgages and taxes will have to be paid in full. If there was no Last Will, and your... View More
answered on Jun 21, 2023
Assuming your father did not have a will, his children would inherit 100% interest in his separate property.
I know he had a 401k through Shell, I contacted them and was told they already sent what was in it to his estate. My aunt and uncle have the info for all his accounts but will not release it to me because they're trying to make me make them administrators so they can take my inheritance. What... View More
answered on Jun 16, 2023
You should hire a probate lawyer in or near the county where your father was living at the time of his death to probate his estate and ask that you be appointed independent administrator of his estate. Once appointed, you will have the right to receive information and assets like the 401k as the... View More
I have been name administrator of the estate, I was married to the decedent at the time of purchase of the property, I am on the mortgage but not the deed. Our son has file an objection of the sale.
answered on Jun 7, 2023
This is my advice to anyone involved with the sale of immoveable property----get an attorney involved--you want it done correctly so that someone in the future does not come back and place a cloud on the title of the property. Being that it is involved in a succession, I re-emphasize this advice.... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
