Louisiana Estate Planning Legal Questions

In this case, a lot depends on the wording of the will. If your mother granted the executor the right to sell the property, your sister would have the right to sell the property and put the proceeds into the succession. If it merely says that you each inherit a one-half undivided interest in the property, then she cannot sell it without your involvement. I'm sorry that you're having such a difficult time. Unfortunately, often a family member can make things difficult for others.... Read More

Your mother had the right in her will to leave her assets to anyone she wanted to, including her husband, unless one or more of her children were a "forced heir," meaning someone under the age of 24 or incapable of taking care of his own affairs. Remarriage of a surviving spouse does not affect the will. You may be thinking of the usufruct of a surviving spouse over the decedent's share of the community property, to the the extent that the decedent did not dispose of it by will, which usufruct terminates upon remarriage of the surviving spouse. This usufruct is granted under Louisiana Civil Code Article 890.... Read More

A power of attorney or a conservatorship can only be done by a mentally competent adult. A power of attorney can be done by any mentally competent adult who wishes to have another person act on their behalf, it does require court approval and can be terminated at will. Both the principal (person granting the POA) and the attorney-in-fact will continue to have authority to do any act the principal can. A conservatorship is done by the court for a mentally competent but physically infirm adult. The adult asks the court to appoint a person who will take over their affairs. If the court approves, only the conservator will have the power to act on the ward's behalf, the ward won't be able to act themselves. The ward can terminate the conservatorship at any time. If the person is not mentally competent, then a guardian must be appointed by the court.... Read More

Executors have several responsibilities and notifying heirs is the first one. Since you didn't get notice, it seems more likely that he didn't file the probate and didn't get appointed as executor, instead he's simply stealing everything that he can get his hands on. I would advise you to speak with a probate lawyer in the area where your father lived.... Read More

If your sister disclaimed her share then you would treat her as if she predeceased your parents. Therefore, her son would inherit her share as your attorney stated if she disclaimed it. They only way she would be able to get it to the other sister would be to take her inheritance and gift it to her.... Read More

Answer depends on a number of things. If he receives Medicaid benefits, then the State will have a lien on his interest (not your interest) in the house. If you 2 own the house as joint tenants or as joint tenants with full rights of survivorship, then his interest will end upon his death and the State will have no lien.... Read More

This is a huge question, and should be put to a lawyer who is doing estate planning for your mother. Briefly, if she takes out a reverse mortgage, you need to decide whether the family will let the house go when she passes away, or pay the mortgage. The mortgage will have to be paid after she passes away; there are deadlines, and while there are extensions available, essentially the mortgage has to be paid within a relatively short period of time after your mother passes. There will be very little time to get the house ready for sale and get it sold. There are always tax issues; these should be discussed with your mother's tax advisor.... Read More

Any estate taxes are paid by the executor from the assets of the estate. So, you shouldn't receive any money until all the estate taxes have been paid. State estate or inheritance taxes are based on the laws of the state where your mother lived at the time of her death. It doesn't matter where the beneficiaries live. You might have some income taxes on the distributions that you get from the estate. Most assets are nontaxable but some like IRAs are taxable. The executor will give you a Sch K, if any of the distributions that you receive are taxable to you. You should ask whenever you get a distribution whether any of the distribution has "income with respect to a decedent" or "income after death", so you can plan for any taxes before April 15th.... Read More