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Louisiana Estate Planning Legal Questions

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97 legal questions have been posted about estate planning by real users in Louisiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Louisiana Estate Planning Questions & Legal Answers - Page 3
Do you have any Louisiana Estate Planning questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 97 previously answered Louisiana Estate Planning questions.
Estate Planning
Louisiana

Recent Legal Answers

Suppose one or more of the three heirs has created a forged signature, how does this affect the heirs selling an inherited car?

Answered 10 years and 11 months ago by Mr. James G Maguire (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If all four are owners of the car, all four must sign documents to sell the car. If one of the signatures is forged, the transfer is invalid. Forgery is a criminal offense.
If all four are owners of the car, all four must sign documents to sell the car. If one of the signatures is forged, the transfer is invalid.... Read More

How do I get power of attorney from parents who have dementia?

Answered 10 years and 11 months ago by Mr. James G Maguire (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
They can only give power of attorney if they are mentally competent to do so. They would have to understand what they are doing.
They can only give power of attorney if they are mentally competent to do so. They would have to understand what they are doing.

With biological father relinquishing his rights at that time, does child have any inheritance rights when biological dad passes away?

Answered 11 years and a month ago by Douglas Lee Bryan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Under Louisiana law, a child who has been adopted still retains his inheritance rights against his biological parents. Therefore, even though your child's biological father's rights have been terminated, the child would still have the right to inherit from his biological father.
Under Louisiana law, a child who has been adopted still retains his inheritance rights against his biological parents. Therefore, even though your... Read More

What can be done to sell heir’s property when some heirs have refused to pay yearly taxes and open their parent’s succession?

Answered 11 years and 2 months ago by Mr. James G Maguire (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Someone needs to step in and get appointed as estate administrator and get these matters resolve.
Someone needs to step in and get appointed as estate administrator and get these matters resolve.

What are my options if I want to sell the house I co-own with my sister but she doesn't want to sell?

Answered 11 years and 2 months ago by Douglas Lee Bryan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
If you own property together with another person, and you no longer want to be a co-owner, you can file to partition the property. If the two of you can't agree on how to divide or otherwise dispose of the property, then the judge can order that the property be sold and the money divided.
If you own property together with another person, and you no longer want to be a co-owner, you can file to partition the property. If the two of you... Read More

How would we divide the $55,000 cash sale of inherited home between 10 heirs?

Answered 11 years and 3 months ago by James Joseph Zitzmann (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If I have my math correct, each step sibling will receive about 4200 and the full children 8400 each.
If I have my math correct, each step sibling will receive about 4200 and the full children 8400 each.

What actually happens when he dies if he has no will?

Answered 11 years and 5 months ago by Jason Thomas Olivier (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
If you father dies without a testament ("will") the default laws for intestate ('without a will") succession go into effect and the distributions are made according to the law.
If you father dies without a testament ("will") the default laws for intestate ('without a will") succession go into effect and the distributions are... Read More

Does my fiancé's aunt have any claim and does he need to file a succession if his name is on everything but the land?

Answered 11 years and 6 months ago by James Joseph Zitzmann (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It still is possible someone may contest the will, depending on the circumstances involved. You said that one of the children might have a major problem with some of the provisions of the will. It definitely might be worth opening the succession now as a way to preserve your legal rights.... Read More
It still is possible someone may contest the will, depending on the circumstances involved. You said that one of the children might have a major... Read More

What will happen if a parent dies leaving 50,000 in credit card and medical bills and has no assets?

Answered 11 years and 6 months ago by Roger Durkin (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
If the parent has a spouse, it is likely the spouse who will handle the estate. If the debt is solely the decedent, and there is not will, you should get an appointment as an administrator/personal representative. There is a statute that governs how debts and expenses of the estate are to be paid starting with the administrative expenses, the funeral expenses, last medical costs, the credit cards are at the bottom... if there are no assets with which to pay then the estate is insolvent.... Read More
If the parent has a spouse, it is likely the spouse who will handle the estate. If the debt is solely the decedent, and there is not will, you should... Read More

How do I get a copy of a will from which I have an inheritance?

Answered 11 years and 7 months ago by Mr. James G Maguire (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the will has been probated (filed in court), you can get a copy from the clerk of court for the parish in which the decedent resided.
If the will has been probated (filed in court), you can get a copy from the clerk of court for the parish in which the decedent resided.

Can the one who doesn't want to sell the land prevent the transaction?

Answered 11 years and 7 months ago by James Joseph Zitzmann (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
No, this is not really possible. Co-owners can demand partition, or a sale, of the property at any time unless there is an agreement otherwise. However, if you personally want to keep the property, you may benefit from a negotiation.
No, this is not really possible. Co-owners can demand partition, or a sale, of the property at any time unless there is an agreement otherwise.... Read More

How can we cash or deposit the estate check?

Answered 11 years and 8 months ago by James Joseph Zitzmann (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
If you have not opened a succession proceeding for your brother, you will need to at this time. The process does not need to be complicated.
If you have not opened a succession proceeding for your brother, you will need to at this time. The process does not need to be complicated.

Can a family member take a car after their mother passes before a session is done and are the others entitled to it?

Answered 11 years and 8 months ago by Ronald E Stutes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the mother left no will, the estate will pass according to the Louisiana laws of intestacy (dying without a will). Under usual circumstances, the children inherit equally. A succession will still need to be opened, but depending on the value of the property, it may be able to be done by affidavit. The ownership of the bank funds is not determined by whose name is on the account, but whose funds they actually are (or were). If it was all your mother's money with her son's name on the accounts for convenience, the money must be included in the succession.... Read More
If the mother left no will, the estate will pass according to the Louisiana laws of intestacy (dying without a will). Under usual circumstances, the... Read More

What can be done if the portion of my dad’s house is willed to my brother but the house has already been sold?

Answered 11 years and 9 months ago by Ronald E Stutes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Since you use the term "succession," I assume the estate was located in Louisiana. If so, your brother needs to petition the court to reopen the succession under the provisions of Louisiana Code of Civil Procedure Article 3393. The court may reappoint you as succession representative or appoint another succession representative. (Although you used the term "executor," it is likely you were appointed as administrator, since the term "executor" applies only to a succession representative appointed under the terms of a will.)... Read More
Since you use the term "succession," I assume the estate was located in Louisiana. If so, your brother needs to petition the court to reopen the... Read More

Who will inherit if there are different beneficiaries of the same annuity?

Answered 11 years and 11 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
The beneficiary named on the annuity would receive.
The beneficiary named on the annuity would receive.

If an executor is listing as a beneficiary on an IRA account from the deceased, does it have to be deposited into the estate account for distribution?

Answered 11 years and 11 months ago by Robert Ingham Long (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
Did the decedent intend that only the individual designated as beneficiary receive the IRA ("To Mary Smith")? If so, that's who gets it. Or did he/she indicate it was to go to the individual in their representative capacity (e.g., "To Mary Smith, Executor")? If the latter, I think it was intended to be part of the estate and divided.... Read More
Did the decedent intend that only the individual designated as beneficiary receive the IRA ("To Mary Smith")? If so, that's who gets it. Or did... Read More

How do I become the owner of my decease mother's home?

Answered 12 years ago by Edwin K. Niles (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
If it's in Mom's name alone, you'll have to open a probate proceeding with the local court. Please see a probate lawyer.
If it's in Mom's name alone, you'll have to open a probate proceeding with the local court. Please see a probate lawyer.

Can the family gift my daughter the equity in the house to cover her down payment and closing cost?

Answered 12 years ago by Norman Harry Green (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Yes. The 4 children can give their interests to her. You can give your interest to her. No gift tax return will be required by anybody who does not give other gifts to her as well..
Yes. The 4 children can give their interests to her. You can give your interest to her. No gift tax return will be required by anybody who does... Read More

Can the family gift my daughter the equity in the house to cover her down payment and closing cost?

Answered 12 years ago by James Timothy Weiner (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
Short answer.. YES they can gift her the amount.. it will be best if you contact an attorney to get it done right.
Short answer.. YES they can gift her the amount.. it will be best if you contact an attorney to get it done right.

Will the sale of a property be canceled if the owner passes away before the sale?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Yeah, probably because once she dies, the property belongs to her estate and the personal representative will have to sell the property.
Yeah, probably because once she dies, the property belongs to her estate and the personal representative will have to sell the property.

Will the sale of a property be canceled if the owner passes away before the sale?

Answered 12 years ago by attorney Dara J. Goldsmith, Esq.   |   13 Answers   |  Legal Topics: Estate Planning
Usually the contract is still enforceable and the court appointed executor completes the transaction after getting authority to do so.
Usually the contract is still enforceable and the court appointed executor completes the transaction after getting authority to do so.

Is the car is mine and am I responsible for the remainder of the loan balance after my boyfriend passed?

Answered 12 years ago by Victor L. Waid (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
The car is yours and you will be responsible for the remaining debt if you want to keep it; you don't need a probate as car was in your joint names.
The car is yours and you will be responsible for the remaining debt if you want to keep it; you don't need a probate as car was in your joint names.

Does a document that is signed and dated have to be notarized to be valid?

Answered 12 years ago by Edwin K. Niles (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Estate Planning
A will never needs to be notarized. A formal will needs two witnesses. If the document is hand-written, it may qualify as a holographic will. Talk to the lawyer.
A will never needs to be notarized. A formal will needs two witnesses. If the document is hand-written, it may qualify as a holographic will. Talk... Read More

If a Will is made out in one state and I die in another state would the Will still be valid?

Answered 12 years ago by Erven T. Nelson (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
Yes, all states recognize each other?s laws and wills. If you will was properly created and executed in the state whose laws applied at the time, the will should be recognized in other states.
Yes, all states recognize each other?s laws and wills. If you will was properly created and executed in the state whose laws applied at the time,... Read More

What documents do I need to sell my deceased mother's property?

Answered 12 years ago by Edwin K. Niles (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
You will need to open probate. See a probate lawyer.
You will need to open probate. See a probate lawyer.
Estate Planning
Louisiana

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