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Message
OT lawyer help, death of a family member living will.
Posted on 6/8/22 at 10:03 pm
Posted on 6/8/22 at 10:03 pm
Is it necessary to do a succession if there is a living will? People involved in will are my aunt, brother and sister and I since my father passed away. Both grandparents have passed and we have questions on how to proceed lawfully but respectfully. Really don’t want any awkward feelings with all of this either.
6
Posted on 6/8/22 at 10:04 pm to shoelessjoe
Not a lawyer but I think your state matters. I’m under the impression Louisiana requires a succession regardless of a will being in place.
Posted on 6/8/22 at 10:10 pm to shoelessjoe
A living Will is a document about end of life treatment that basically says the person does not want to be kept on life support. It has nothing to do with a succession or transfer of property.
As for what you’re asking about, a succession will typically need to be opened. If there is no Will, then it will be intestate. If there is a Will, then it will be testate. There are separate rules for each. There are some situations that don’t require a succession.
But you and your family members need to talk to a successions attorney to get it right.
As for what you’re asking about, a succession will typically need to be opened. If there is no Will, then it will be intestate. If there is a Will, then it will be testate. There are separate rules for each. There are some situations that don’t require a succession.
But you and your family members need to talk to a successions attorney to get it right.
Posted on 6/8/22 at 10:15 pm to shoelessjoe
a living will is the document that authorizes your doctor to pull the plug if there is no hope.
what you're talking about is a last will and testament or "will." in louisiana, you are required to file anything purporting to be a will into the record, and ask for probate, if the will is valid.
however, if there are no assets that require title or there are no assets that you cannot get to, you don't need open a succession. if all the heirs and legatees sign on to whatever you're doing, who is left to complain if you didn't follow the law explicitly?
what you're talking about is a last will and testament or "will." in louisiana, you are required to file anything purporting to be a will into the record, and ask for probate, if the will is valid.
however, if there are no assets that require title or there are no assets that you cannot get to, you don't need open a succession. if all the heirs and legatees sign on to whatever you're doing, who is left to complain if you didn't follow the law explicitly?
Posted on 6/8/22 at 10:21 pm to shoelessjoe
What state are you in?
Also, a living will means nothing at this point. Do they have a regular will?
Also, a living will means nothing at this point. Do they have a regular will?
Posted on 6/8/22 at 10:32 pm to BeachDude022
It’s a living will and testament as mentioned by a poster. There is a home that’s needs to be sold, money and investments. Grandmother and grandfather, had a will that was made years ago and just trying to make sure everything is done legally. My aunt has half and me and my siblings have the other half. Just didn’t know if a succession would be needed in Louisiana.
Posted on 6/8/22 at 10:40 pm to shoelessjoe
If any of the real estate owning deceased were domiciled in LA when they died and/or the real estate is located in LA, then some form of succession will likely need to be opened in appropriate parish in LA. It's possible that multiple successions will be required if none done for multiple generations.
If you're in LA, contact a probate attorney in your area. If not in LA contact probate attorney in the parish where the deceased was domiciled or where real estate located... at least as a start.
Call several, prices vary.
If you're in LA, contact a probate attorney in your area. If not in LA contact probate attorney in the parish where the deceased was domiciled or where real estate located... at least as a start.
Call several, prices vary.
This post was edited on 6/8/22 at 10:45 pm
Posted on 6/8/22 at 10:43 pm to shoelessjoe
Living will or will?
Posted on 6/8/22 at 10:50 pm to Socrates Johnson
Living will and testament. Grandparents mentioned to me that they had done it a few years back to divide property owned.
Posted on 6/8/22 at 10:59 pm to shoelessjoe
quote:
Living will and testament
That name doesn’t sound right.
A living will is instructions on whether to pull the plug when you are on deathbed. A will, sometimes called a last will and testament, is your typical will that says who inherits what property after you die. There is also a thing called a living trust.
Whichever it is, get your hands on it and consult an estate attorney. You’re going to need sound advice, and perhaps a succession, to sell the house, etc. You won’t find the answer here, especially with no copy of the instrument or even certainty over what it is.
Posted on 6/8/22 at 11:02 pm to shoelessjoe
Sounds like it may be a will or trust. Like previous poster mentioned, a "living will" is a thing, but it does not "divide" ownership. Living will simply says do/do not put me on life support if all else fails.
One in your position might consider 1) reading this document, and 2) contacting attorney.
If you're simply trying to save money by asking on here then go to quora or someplace online with real attorneys ready to answer questions.
One in your position might consider 1) reading this document, and 2) contacting attorney.
If you're simply trying to save money by asking on here then go to quora or someplace online with real attorneys ready to answer questions.
Posted on 6/8/22 at 11:02 pm to Twenty 49
That must be what it is last will and testament. But, wouldn’t their attorney have that?
Posted on 6/8/22 at 11:03 pm to minimal
quote:
It's possible that multiple successions will be required if none done for multiple generations.
One of our clients is currently paying taxes on some property his great grandparents owned just to keep it from going to a sheriff's sale. No successions have ever been done on it. We estimate there may be close to a hundred heirs at this point, many of whose whereabouts are unknown. Doing the successions would be cost prohibitive relative to what the property is worth, so there it sits.
Posted on 6/8/22 at 11:04 pm to shoelessjoe
Not necessarily. Could be in safe, bank box, mattress, etc.
Posted on 6/8/22 at 11:10 pm to shoelessjoe
quote:
That must be what it is last will and testament. But, wouldn’t their attorney have that?
Not unless you pay me a lot.
I just had a will thrown out because all they could produce was a copy. In LA you need the original or there’s a presumption that the testator desired to destroy or amend the will.
But this is irrelevant because a “living will”
Is essentially a DNR.
Posted on 6/8/22 at 11:14 pm to Jim Rockford
quote:
One of our clients is currently paying taxes on some property his great grandparents owned just to keep it from going to a sheriff's sale.
Do a small succession and JOP and be done with it.
Posted on 6/10/22 at 7:38 am to shoelessjoe
You may mean a living trust not a living will. You should review with a lawyer.
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