Louisiana Estate Planning Legal Questions

Inheritance rights in Louisiana do not depend on the formal opening of a succession.  That does not mean, however, that an heir (or the children of a deceased heir) can automatically take possession and control of the estate of a decedent without consequences. Depending on the gross value of the property of the estate and/or the date of death of the decedent (see Small Successions, L.C.C.P art. 3421 et seq.), it may be possible (but not necessarily advisable) to put the heirs in possession without judicially opening the succession. Although the costs upfront of the small succession procedure are lower, there is no court-issued Judgment of Possession that protects the heirs in the long run.  If the estate is of even moderate value, the benefits of opening a succession judicially generally outweigh the added expense.    ... Read More

A Will probate or succession must be opened with the court and a bank account for the estate created pursuant to court order.  The person whom the court appoints to administer that estate can then deposit all of the decedent's money in it, pay all bills out of it and distribute the rest according to the Will or, if there is no Will, according to the laws of succession.... Read More

You do not write whether any of the estates have been probated (proven in court).  They must be.  Then the house will pass according to the Will of the son to whom the father left his assets (or, if he had no Will, according to the Louisiana laws of succession).  Those people may gift or sell the house to you.... Read More

A will would be sufficient to convey ownership of the home upon his passing. One consideration you need to be aware of is if he has any children under the age of 23, either from his first marriage or together with you. If so, they would be considered a forced heir and be entitled to a mandatory portion of his estate, which he cannot will away.  My office drafts estate planning documents at a flat rate of a few hundred dollars, depending upon what needs to be done. If you would like to set up a free consultation with me regarding this issue, please feel free to contact me.... Read More

She would be better off keeping the trailer in her name. It will not have any effect on her eligibility for Medicaid assistance. If she sells the trailer, or donates it to her kids, the value of the trailer would be counted as an asset. When she passes, the ownership of the trailer will pass to her children.... Read More

You need to contact a local probate attorney immediately. It sounds as if you believe there has been fraud committed with the change of beneficiary. If he owned property that was brought into the marriage, that would have remained his separate property. You also need to determine if there is a will. The attorney will help you pursue the matter.... Read More