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My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More 
answered on Mar 25, 2025
The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a... View More
I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided... View More
answered on Mar 24, 2025
I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair... View More
I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the... View More
answered on Feb 20, 2025
A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More
the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.
answered on Dec 20, 2024
If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More
My father's LW&T is being probated/Succession process in Natchitoches, Louisiana. The executor claims he may charge the 2.5% [of the estate's value of about $1 million] regardless of how much time spent administering a very simple estate. We heirs have requested he use a reasonable... View More
answered on Aug 20, 2024
You can file legal paperwork in the succession suit record seeking review of the executor's charge. That said, before you do so, I highly recommend that you consult with 1 or more succession lawyers on this issue and see what, if anything, they have to say after hearing the specifics of your... View More
Also I had durable power of attorney because he was mentally incapable of handling important issues.
answered on Jul 30, 2024
Since you refer to written documents it is probably best to have a lawyer look at the paperwork and then provide an opinion to you. That said, the directive(s) of the will is based on what the testator has at the time of death. If the testator validly and legally donated property before time of... View More
She is not on any accounts, only he signed
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answered on May 27, 2024
If a widow's husband had credit card debt and she is not on any of the accounts, she generally isn't responsible for his debt. Since only her husband signed for those debts, they are considered his individual responsibility. This is especially true if the debt was incurred in Louisiana,... View More
She is not on any accounts, only he signed
answered on May 28, 2024
You should consult with a probate/succession attorney to discuss your rights,obligations and the best way to move forward. Presumably the credit card charges occurred before death and no probate or succession has occurred. I do not know the value of the husband's estate so a meeting with a... View More
before my dad passed (my uncle died 1st) he hired a lawyer and paid to have the house put in his name because he wanted to sell the property. my dad passed and the will has my cousin (my uncles oldest and me, my dads oldest) left on the will, I spoke to the lawyer about my dads passing and he said... View More
answered on Apr 2, 2024
Sounds like you need to have a longer conversation with the lawyer to get a clearer understanding of what's the holdup here. If yoou are unable to have that conversation with the lawyer, then you may want to consult with a different lawyer in the area. Alternatively, if you have a personal... View More
But the neighbor could not produce tje original. But I was told by attorney the he did the new will and that will was valid even though no original was produced! So I walked away leaving her his estate. Now almost a year later she has filed criminal charges against me saying I stole her original... View More
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answered on Feb 9, 2024
In Louisiana, the situation you describe involves complex issues of probate law and potential criminal charges. If a new will was mentioned but the original could not be produced, and an attorney advised that this new will was valid despite the absence of the original document, the legal basis for... View More
I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More
answered on Feb 9, 2024
I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More
There is 3 estates involved. My Dad my brother & my sister who passed. The will has been denied 2 times before the court & is now before the appellate court. He also sold his car, turned his truck over to their Mom & cleaned his bank account out. The so called will is just a note my... View More
answered on Jan 10, 2024
Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More
She passed away on December 22nd of this year so I don't know what happens after that if I don't understand anything about probate or succession I just wanted I just want a copy of her will
answered on Jan 8, 2024
I am sorry for your loss. While you indicate you just want a copy of your Mom's will, my recommendation is that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate as well as the probate process, including your rights. If your sister is... View More
Money for the rent on theses properties?
answered on Jan 8, 2024
Following up on attorney Arrasmith's post, I second his recommendation that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate. Additionally, 1 other thing to point add which was not mentioned by attorney Arrasmith is that your mother... View More
Money for the rent on theses properties?
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answered on Jan 1, 2024
In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.
If your mom owned the rental properties jointly with your... View More
A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More
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answered on Jan 1, 2024
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More
Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased... View More
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answered on Dec 31, 2023
In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More
We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q
answered on Dec 11, 2023
You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More
My father passed away on June 29, 2020. He mentioned that he included my brother and me in his will, but he never told me where it was located. I need to find out how I can obtain his will, specifically concerning his bank assets. What steps should I take to locate the will or identify the... View More
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answered on Mar 20, 2025
Hire a competent LA attorney to probate his Estate without a will. If you find the will, then you can use it.
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