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Louisiana Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh 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.

1 Answer | Asked in Family Law and Probate for Louisiana on
Q: Can me and my sister Sue the person who had POA and used my mother's money to purchase a house and vehicles can we Sue

She put the house and vehicles in her own name not our mothers. Our mother just died September 6th of this year what can we do to get our inheritance back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 5, 2021

Hire a Successions attorney.

4 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my 17 year old nephew sign a a t of donation form to donate his portion of the house to me or does he have to be 18

My parents passed away and left the house to the children but my deceased brothers children wants to sign their portion of the house to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2021

No a 17 year old cannot donate an interest in house to you.

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2 Answers | Asked in Probate for Louisiana on
Q: Dad died 2 sons inherited everything but his siblings wont give us the keys to truck or camper how do we get the propert

His sis in law is on his checkbook to pay his bills and they want to buy a huge headstone with the 10,000 in bank but he never said that. If shed on the account does she get the money do his heirs have right to close account he had no debt

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 5, 2021

If you have family fighting over this, then you need to hire an attorney to protect your interests---- Use the Find a Lawyer tab and search for succession/probate attorneys in your area-----some will provide a free initial consultation----after you speak to a few, hire the one with whom you are... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: We are legal heirs to my deceased sister's estate. Her husband Re-titled her vehicle to his name. What can we do?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

Hire a successions attorney to open your sister's succession.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I have a question about a trustee's power of discretion that is listed in the trustee power's section of my dad's trust.

The following is listed in the section listing the trustee powers. Does the following language mean the trustee can distribute assets as they see fit?

"To make any divisions and payments pursuant to the terms of this Agreement, using cash, securities real estate or other property of... Read more »

James Scott Ruel
James Scott Ruel answered on May 24, 2021

You should have a lawyer review the entire trust.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I just found out my ex wife sold my deceased father's jeep .. can I file charges against her?

Jeep was left on property that we still both own but she lives there... I was given no notice . The Jeep was part of my father's estate

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 12, 2021

How could she transfer the title? Yes call the Sheriff's office.

1 Answer | Asked in Civil Litigation and Probate for Louisiana on
Q: What is my recourse for stolen property that has little/no intrinsic value (ie. journals, photos, etc)?

After my wife passed away, her mother obtained all of my wife's journal's, photo albums, and clothes. She now states they have all been destroyed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

File a sheriff's report for theft.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: A 5 yr. after death clause not to sell property, beneficiaries are 56-66 Four of us. can we change that.?

One of us is against it.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 16, 2021

Possibly, but without seeing the paperwork setting up the clause and knowing the circumstances behind the language, it is difficult to provide an informed answer----that said, if there is a chance to change that, then your best bet to do so would be with legal representation so I would recommend... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Do divorce papers affect a will? Explanation- Myself and my (then) husband made a will in 2001 stating upon his death I

Inherit all. We have 2 children ages now 17&24. My main question is that in the divorce papers I signed over all properties, cars, home etc...in other words I left with the clothes on my back literally. BECAUSE OF THAT FORCED DECISION DOES THAT IN FACT VOID THE WILL? My xhusband just passed... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2021

If your ex husband got the immovable property and vehicles, then those items are now in his estate. If he left you everything in his will, then you get it all, minus any forced share to your children. Your divorce is irrelevant to the enforceability of the will. If he never got around to... Read more »

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can a married couple file a joint Last Will and Testament, with the surviving party being the heir?

This would be both agreeing to disposal of the remainder of the estate after the last survivor passes.

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Joint and Mutual Wills are almost always asking for a Will Contest after one or both testators die. Do not draft nor execute anything like it. Two separate Wills, even with extremely similar legacies and devises, are always better.

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1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Decedent died a mth ago.no will. no parents /wife/children. Has two surviving brothers.

Value is under the 125k amount.

We are interested in buying this house. How do we ensure who has legal right to sell it and if it has a clear title?

State is Louisiana

Myrna Arroyo
Myrna Arroyo answered on Jan 3, 2021

The decedent's house would pass to his brothers, if he left no parents, spouse or children. The brothers will need to open a succession. If all the decedent's assets are less than $125K, and all of his heirs are in agreement, they can execute a Small Succession Affidavit to transfer the... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Louisiana on
Q: My step dad left me everything in his will. He has mortgage still but no other debt. What happens next?

My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 14, 2020

Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: how do i ask the court A stay of proceedings until i have found an attorney ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 25, 2020

You file a Motion to Continue

2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: My farther died with a will leaving everything to my step mom. But she did not do as a session in the state of Louisian

So what happens next since everything is still in both their names what does that mean for his children

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If I understand you correctly, your step mom did not probate the will because everything was held jointly. If this is the case then all assets are now hers by operation of law. You and your children have no right to any of those assets. She is free to dispose of them in any way she chooses. She... Read more »

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2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Step father left his pension to my mother upon his death. She passed in 2017 and the pension hasn't been claimed.

His children don't want anything to do with the funds since they would have to pay for a succession. He raised me for 15 years and contributed to my care as well as I did his later on. Is there anything I could do to rightfully claim this property? I have notified all heirs and none want to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 30, 2020

Contact his pension administrator.

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