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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 
The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.
answered on May 5, 2023
If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... View More
The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions?
answered on May 5, 2023
It is hightly recommended that you consult a succession lawyer in your are to discuss the specifics of this situation, including whether the best way to proceed in this matter. Also, in reading your post, it is not clear if there is a will for either deceased person or you are relying upon the... View More
Person is deceased no known beneficiaries
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answered on Apr 27, 2023
An Affidavit of Heirship, even when recorded, does not convey interests in real property. It tells the world of certain persons rights as Heirs At Law, and becomes their source of title for later conveyances and present titled ownership.
Have a small insurance check made out to the estate of my deceased mother and an heir to her estate that wants to take over the lien on her vehicle. They total under $22,000.
answered on Apr 10, 2023
In part due to my being an attorney but more so because the "experts" on this subject are attorneys, I suggest that you consult with an attorney to specifically discuss your Mom's estate and determine the best path forward. If, after speaking/consulting an attorney you determine... View More
answered on Mar 23, 2023
You can do so, however successions are not that expensive and if real property is involved, then you want to make sure the paperwork is properly done so that in the future you do not have to unexpectedly fix something due to not utilizing a lawyer at this time.
There's is forged will being put Into picture and the sons are arguing it is the real one.
answered on Mar 11, 2023
A Louisiana attorney could advise best, but your question remains open for four weeks. You need an attorney who deals with Estate Planning and Probate. From your chosen categories, you're already in the right direction. You could search attorneys on your own, use the "Find a Lawyer"... View More
Grandmother passed 2 years ago, will leaves it all to their 3 children. Grandpa passed a month ago and leaves it all to me and my brother. Whose stands? How is community property split?
answered on Feb 13, 2023
Since two successions will need to be open, i highly recommend that a successions/probate attorney in the area your grandparents passed be contacted and hired to handle both matters. You do not indicate if grandpa had a will but since it does not go to all children, the most likely there's a... View More
The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.
answered on Jan 10, 2023
The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... View More
The judgement hasn’t been vacated, nor are there any other claims to the money in the accounts by alternate parties. How do I get the bank to comply?
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answered on Jan 3, 2023
Hire a LA attorney to levy/garnish the bank account.
answered on Nov 28, 2022
If your mother had a will, then it largely depends on the wording in your mother's will as to what she says would happen to your mother's portion should your mother (or any child) pre-decease her. I recommend taking a copy of the will to a probate/succession attorney in your area and... View More
I was power of attorney to an elderly woman whom passed four years ago. I have paid taxes for the past 4 years on the property left after residents died and left no instructions on whom to contact after their deaths. They had no children. I have attempted to contact the one person iknow to be... View More
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answered on Oct 27, 2022
Why did you pay the taxes? A tax sale would have possibly got you the property. Hire an attorney to search the title, then determine heirship/succession. Even one heir might quit claim his interest which puts you in possession of the property, even though other heirs exist. The other option is... View More
Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.
answered on Oct 3, 2022
I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... View More
I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.
answered on Sep 27, 2022
Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
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.
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.
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