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Louisiana Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My Grandparents left a will with the house in Monroe La. to their 2 sons, also on the will is my cousin and myself

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Criminal Law, Civil Litigation and Probate for Louisiana on
Q: When my dad died I had his original will leaving everything to me. Then a neighbor lady said he had done a new will

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

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: If my dad died with no will and left an estate, how does it work?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: What do I do if my brother forged my deceased brother's name to a will? He also has done other things illegally.

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I know my mother has a will I don't know the lawyer's name and my sister will not give me any answers

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

Randy Bryan Ligh
Randy Bryan Ligh
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

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

Randy Bryan Ligh
Randy Bryan Ligh
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

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2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

James L. Arrasmith
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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...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

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

James L. Arrasmith
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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

1 Answer | Asked in Tax Law, Estate Planning and Probate for Louisiana on
Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

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

Christie Tournet
Christie Tournet
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

1 Answer | Asked in Probate for Louisiana on
Q: What happens when a succession is in probate and the surviving spouse dies before it is finished?

2nd marriage for both. She wasn't left anything in his will except usufruct.

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Bought a house with girlfriend. She refinanced the loan in her name only. Both on deed. She died. What happens now?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

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

Anthony M. Avery
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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

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1 Answer | Asked in Probate for Louisiana on
Q: Dad died no will sister filed to be executor of estate and done nothing but took what she wanted and it's been 3 yrs

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

Anthony M. Avery
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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.

1 Answer | Asked in Probate for Louisiana on
Q: I was bequeathed a home in Louisiana which is cross-collateralized with property not left to me. How do I proceed?

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 ?

Anthony M. Avery
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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

1 Answer | Asked in Probate for Louisiana on
Q: My husband inherited land in Acadia Parish (4th generation), which he left to his only child in his probated will.

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.

Douglas Lee Bryan
Douglas Lee Bryan
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

1 Answer | Asked in Probate for Louisiana on
Q: If a parent dies in Louisiana without a will, is their children responsible for medical bills?

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

Christie Tournet
Christie Tournet
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

2 Answers | Asked in Probate for Louisiana on
Q: My father passed August of last year, and I don't have any of his account info. How would I go about finding his estate?

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

Christie Tournet
Christie Tournet
answered on Jun 21, 2023

You will need to find out if succession has been opened. If there is no Will, then, it really is a race to the courthouse for who first applies for the position, and if any objection is lodged. If your father had a Last Will, it is possible that others could be beneficiaries, but without a Last... View More

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2 Answers | Asked in Probate for Louisiana on
Q: My father passed August of last year, and I don't have any of his account info. How would I go about finding his estate?

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

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

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.

Christie Tournet
Christie Tournet
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

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