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Louisiana Probate Questions & Answers
1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: Father made a will 30yrs ago after mother passed. He ask myself middle child to be in charge of his will.i told him to p

ut my sister the oldest in charge. At the time he was spatting with my sister and brother.That was 30 yrs.ago soon after he recobsiled with them.So he put his sister. The will was in my father's safe when he passed,ut for the last year he has been telling me he needed to go to lawyer change... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 17, 2020

If the will is valid and it says everything goes to your sister, that's what happens. He could have included equal distributions to each children but he didn't.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am a widow with disability (spinal arthritis). My husband left a will with nothing bequeathed to my name.

I am a surviving widow, a greencard holder. I was married to my husband for 6 and a half years, but nothing is bequeathed to my name. I need support for my medications, I have no house and no income, not able to work due to my health condition (spinal arthritis and continuing nerve pains). My... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

Your situation is quite complicated and cannot be answered or solved in a couple of paragraphs online. Please go visit a probate attorney and explain your situation. Most attorneys are willing to meet with you for a first appointment for free and tell you what your options are. Just call ahead and... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am in Louisiana Can I force my siblings to split my fathers assets or can I force them to buy me out? He had no will

My father died without a will but my mother is still alive. My father inherited stocks and cash assets from his parents and also 1/2 plus 1/5th of his parents house which my parents then bought out my dads siblings. My mother now lives in this house. I am unsure if they used inherited money of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2020

You don't need their permission. You can open the succession and force either a sale or buy out of the house and liquidation of the rest of your Dad's estate. Hire a successions attorney.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Parents passed away owning a house but didn't leave it in no one's name

So what can you do when that happens when your parents have 5 kids and left no name on the house but theirs and now they pass and two wants to sell or be bought out of the property what to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

Kids need to hire a successions attorney and open the succession.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Louisiana on
Q: Our father passed away 10 yeas now My sister was named executor my dad left his half of house and land to 5 children

Children 2 of the 5 children have since passed can the executor take their name off the will

And do you have to have a probate ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

Yes to probate. Yes to voluntarily waiving a share. Hire a successions lawyer.

2 Answers | Asked in Child Support, Estate Planning and Probate for Louisiana on
Q: Do I receive the back child support if he had a lien? Do my kids need an attorney to receive the settlement as next kin

My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 24, 2020

If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I... Read more »

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1 Answer | Asked in Probate for Louisiana on
Q: My mother was killed in a automobile accident on June 3,2020 and at the time of her passing she did not leave a will.

She owns a home (4918 Okeefe St Bossier City, La) which my girlfriend and I were currently living in at the time of my mother passing. I am the oldest child of two from my mother and father (mom and dad have been divorced for years now). My mother does own the home but has a mortgage due to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 20, 2020

While your sister has a right of use to the house, she cannot kick you out to gain it. You have equal rights to use of the home. You can sue your sister for wrongful eviction and to be restored to use of the home. If you no longer wish to be a co-owner of the property with your sister and she... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are sure that my son's great grandmother had a will, but her son is withholding it in order to keep it. What can do?

Her son is saying there is no will, and that she wouldn't have wanted my son or his dad to have anything. We know this to be untrue, but we don't her attorney's name. He refuses to produce a will. He only expresses his opinion of why nobody should get anything. Doesn't her... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2020

Her attorney can't notify anyone of a legacy, if the attorney doesn't know she's dead.

Call her friends and find out if any of them know her lawyer's name.

If your child's father is dead, incompetent, in prison, or hospitalized, then you can hire an...
Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: How can I get my mothers belongings after my step fathers passing?

My mother passed in December 2019. My stepfather wouldn’t allow me to get any of her belongings. He recently passed from a murder. The cops said everything goes to the next of kin which is his biological daughter. All I want are picture albums and a nick nack belonging to my late wife. The... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2020

Unfortunately, you will have to hire an attorney to open a succession. You are entitled to half of the real estate, half of the vehicles, half of the accounts, half of the contents of the home. If this is her attitude, you may as well go for broke.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Children not listed in will are holding up my family's distribution

My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

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

Hire a Successions attorney quickly.

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: I have a life insurance check payable to my decease husband estate for 10,000 step son don't want to sign what to do now

I had a session done with his name on it but he told the notary that he wasn't gonna sign cause he should get the entire check due to me and my husband was separated but divorce. Can I do some type of paperwork without my step son being on it due to his age

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

Hire a successions arroeneybtonopen the succession

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My mother passed before my grandmother. The will only lists my aunt as a child. Does that exclude me from the will?

Will is from Texas and is being processed in Marietta, Oklahoma. The will says "name of my child is Janet Morgan" and "All references" to "my children are references to the above-named child". Then in the Disposition of Property it states that it should be... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

TX will probated in OK you need an OK probate attorney, not one from LA.

1 Answer | Asked in Adoption, Estate Planning and Probate for Louisiana on
Q: Louisiana. ...grandchild has lived in grandparents home,all his life. Grandpa died, aunts trying to evict him. He is ado

Grandchild adopted. But,family blood

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 3, 2020

If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.

1 Answer | Asked in Probate for Louisiana on
Q: My granddad’s property is still in his name but he and my dad have died. What is needed to transfer property to heirs?

Both Dad and Grandad died in Florida. The property is in Louisiana. There is an executor for the estate but they haven’t pursued addressing the property in LA since it is believed it will be the property of the two sons. The Executor is currently maintaining the land (empty lot). Both sons... Read more »

Christie Tournet
Christie Tournet answered on Jun 2, 2020

You all can open what is called an ancillary succession here in Louisiana, if the Executor has only been appointed in Florida. How the land will be transferred depends upon how the land was titled, if there was a Will or not, and who the intestate heirs are. If the ancillary succession has been... Read more »

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.

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