Probate Legal Questions

If you received a citation or a summons, it certainly wouldn't hurt to consult with a lawyer.  The problem may not be as simple as "paying half the fine." When you inherit land with or without building on it, you become an owner of that real estate and under Louisiana law you have the legal responsibility of maintaining that property in good condition. That means cutting the grass, preventing the property from becoming a nuisance, and paying the taxes. You also run the risk of being sued if someone is injured on the property as a result of the property's ruin or neglect. If there is an inherent defect in the property that causes damage to a person or thing (for example, a termite-infested tree that blows over in the wind and damages a neighbor's house), you may be strictly liable for the neighbor's harm even though you did not know of the danger. Paying the fine may be just the beginning of your problems.  You may be required to make extensive repairs to bring the property up to code, and you will have the ongoing obligation of keeping the property up to code. If you can't afford or don't want to undertake the responsibilities of ownership, you should consider selling the property or donating it to someone who will properly care for it. Hope the above helps.... Read Answer

If there is no will, then there is not an executor. A court would appoint an administrator in this case. An administrator is charged with following intestate law in this case.  See a local attorney. You should likely inherit something. Something like 1/10 if there are 10 children. Less if father was married when he died.... Read Answer

You need to be appointed as the administrator of your father's estate by the probate court. You can file disclaimers of the other heirs into the case and then deed the property to yourself as administrator.  You should consult with an attorney to make sure that this is done properly. The time an money you save by doing it properly will be your own. ... Read Answer

Usually, if a beneficiary of a life insurance policy predeceases the policy holder and there is no contingent beneficiary, the life insurance policy will pay the estate of the decedent and then ultimately to the beneficiaries of the estate of decedent. Probate may be required to allow administrator / executor to obtain the payout from the insurance company.... Read Answer

Please accept my condolence on the loss of your husband. As for your question, there is literally no way that anyone online can tell you what you need to do in order to sell your house, because the answer depends on how the home was owned at your husband's death. If you and your husband owned the house as joint tenants with rights of survivorship (which means that the deed not only lists both of you as owners but also that it contained language clearly stating that you owned the property as joint tenants or with rights of survivorshp- just your names without the other language means you owned it in a different kind of joint ownership), then the house is already yours and you can sell it without doing anything else. You will just need to provide a certified copy of the death certificate (the green copy with the seal on it) when you sell. If you and your husband owned the property jointly, but NOT as joint tenants, then his half of the property is part of his estate and you will either need to offer his Will for probate and get an Executor appointed for his estate in order to handle his interest in the house OR you will need to make a claim for a Year's Support and have his interest in the property awarded to you that way. If the house was owned solely in your name, or in only your trust, you don't have to do anything. If the house was owned solely in your husband's name, then you have to either probate or make the year's support claim, but for all of the property instead of only his share. If the house was owned solely in your husband's trust, then you shouldn't have to probate, but you will need to deal with the trust and make sure that the Trustee takes whatever steps are needed to either help sell the house or distribute it to you so you can sell it. Do NOT try to do any of those things on your own, and DO NOT rely on this answer. Get a consultation with an experienced probate attorney before you decide what to do or file anything with the probate court. The attorney will need to review the deed, the Will, and the trust and understand the actual facts of your situation and provide you with advice. Best wishes to you.  ... Read Answer