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Wills and Succession in LA
Posted on 5/31/21 at 10:42 pm
Posted on 5/31/21 at 10:42 pm
Little backstory- My dad died about 6 months ago. We didn't have a relationship. I have a half sister who is about 12 years older than me. When he died, I just assumed he had a will. In part due to my sister owning an insurance agency, I figured she would have made sure he had a will being they have always had a relationship. Fast forward 6 months, I run into my dad's best friend a few days ago and he tells me my dad did not have a will, I deserve half, yada yada. He also said that my dad's girlfriend is living in the house (which she did before he died) and she is telling people that my sister 'bought me out'. I have not spoken to anyone so all of this was news to me. Everyone I have talked to is telling me I need to open succession. I looked at the clerks records and no one has done anything yet that I can see. IF my dad did have a will, how would I find that out without having to ask my sister? Does a will have to be notarized or filed with the court in LA? Or can anyone just write one up and put it in a nightstand?
This post was edited on 5/31/21 at 10:43 pm
17
Posted on 5/31/21 at 10:45 pm to Beachin88
I'm not a lawyer, but listen to me and do exactly as I say
Posted on 5/31/21 at 10:46 pm to Beachin88
I’d probably just ask my sister.
Posted on 5/31/21 at 10:50 pm to Beachin88
You didn't have a relationship with your dad and it doesn't sound like you have one with your sister either.
Why worry about it now? Move on or you're the jerk trying to get something from people you never really knew
Why worry about it now? Move on or you're the jerk trying to get something from people you never really knew
This post was edited on 5/31/21 at 10:56 pm
Posted on 5/31/21 at 10:51 pm to Beachin88
You can open your dad's succession under the assumption that he did not have a will and get your half. If anyone can produce a will leaving you out they can do so, but the burden will be on them to do that. If there is no will, your succession will stand.
Posted on 5/31/21 at 10:52 pm to LSU6262
quote:he's obviously not from alabama
You didn't have a relationship with your dad and it doesn't sound like you have one with your sister either
Posted on 5/31/21 at 11:06 pm to Beachin88
Wills in LA are not filed in the courthouse while the writer is alive. There could be a valid one in a nightstand, a lawyer”s office, or anywhere else. So you can’t just go check his name at the courthouse and learn whether he left a will.
Posted on 5/31/21 at 11:11 pm to Beachin88
Intestate succession laws, look ‘em up or hire an attorney
There’s also very specific rules for what wills are binding and what which ones aren’t. You need an attorney ASAP if there is a will to determine if it’s legit.
There’s also very specific rules for what wills are binding and what which ones aren’t. You need an attorney ASAP if there is a will to determine if it’s legit.
This post was edited on 5/31/21 at 11:15 pm
Posted on 5/31/21 at 11:18 pm to Beachin88
quote:A will can be notarial (notary and two witnesses) or olographic ( handwritten). In either case, there are form requirements which must be strictly complied with.
Does a will have to be notarized or filed with the court in LA? Or can anyone just write one up and put it in a nightstand?
Posted on 6/1/21 at 12:43 am to Beachin88
This is not legal advice.
Get a lawyer. If you only have a half-sister and there truly is no will, you get your piece.
frick that shite.
Get a lawyer. If you only have a half-sister and there truly is no will, you get your piece.
quote:
You didn't have a relationship with your dad and it doesn't sound like you have one with your sister either.
Why worry about it now? Move on or you're the jerk trying to get something from people you never really knew
frick that shite.
Posted on 6/1/21 at 2:44 am to Beachin88
Hook the "house" up to your truck when the girlfriend is out shopping.
Pull it home or to your hunting lease.
Profit.
Pull it home or to your hunting lease.
Profit.
Posted on 6/1/21 at 6:29 am to Beachin88
Sorry about your loss. My Dad died about 8 months ago. He swore my whole life that he had a will. But after his death, my step mom said it wasn't notarized and not valid. So we couldn't follow it. My sisters and I ended up getting half of everything he owned. My step mom got the other half. We can't get our portion until she dies though, as she has use of it until then. Her half goes to whoever in her will (which she already has)..
Posted on 6/1/21 at 6:31 am to Beachin88
quote:
IF my dad did have a will, how would I find that out without having to ask my sister?
this isn't my area of specialty, but i believe you can file a petition specifically to look for a will
quote:
Does a will have to be notarized or filed with the court in LA?
notarized and some other stuff. there are strict rules for a notorial will in LA.
there is a type of will that doesn't require a notary but it has to be hand-written by the decedent with some other stuff done perfectly. that's called an olographic will
filed as in pre-death? no
*ETA: you need to hire an attorney, especially if you think some will may appear out of thin air
This post was edited on 6/1/21 at 6:37 am
Posted on 6/1/21 at 6:48 am to brmark70816
quote:
He swore my whole life that he had a will. But after his death, my step mom said it wasn't notarized and not valid.
You took her word for it?
Posted on 6/1/21 at 6:56 am to Beachin88
If your father owned property and even if you do not want any of his estate, succession HAS to be opened. If there was a will there still needs to be succession for the proper official transfer of title whether to both you and your sister or for the girlfriend.
Posted on 6/1/21 at 7:24 am to KiwiHead
Yes, 2 houses, boat, camp, vehicles. I'm wondering why my sister has not opened succession if there really is not a will. I assumed there was and I was not in it. If there happens to be one, and I am not left anything, would I still have to be contacted to sign anything or no?
Posted on 6/1/21 at 7:26 am to Beachin88
Usufruct is one of my favorite words in da law
Posted on 6/1/21 at 7:35 am to KiwiHead
quote:
If your father owned property and even if you do not want any of his estate, succession HAS to be opened.
Only if you want to pass title. Remember the string the other day about the leftwing nutjob in the Seventh Ward who thought all of her new black neighbors wanted to party with her and be her friend? The black male Karen lived in his house all of his life and didn't want any part of da Fi-dolla Ho. After a little sleuthing by the Tigerdroppings detectives, it turns out that the house he’s living in is still in the name of his great grandmother. His grandmother had lived there and his mom had lived there, and apparently no succession was ever opened up for any of them. So now, if the descendants ever want to pass title or sell that house, they’ll have to open up at least three successions.. My guess is that there are quite a few relatives who have no idea that they are entitled to a portion of that property. And, if the property is to ever be sold, they’ll have to track down every one of them.
This post was edited on 6/1/21 at 7:41 am
Posted on 6/1/21 at 7:38 am to MMauler
quote:
it turns out that the house he’s living in is still in the name of his great grandmother. His grandmother had lived there and his mom had lived there, and apparently no succession was ever opened up for any of them. So now, if the descendants ever want to pass title or sell that house, they’ll have to open up at least three successions.. my guess is that there are quite a few relatives who have no idea that they are entitled to a portion of that property And if the property is to ever be sold, they’ll have to track down every one of them.
Very common in the hood and poor areas of town. Which is why it’s so hard to insure the title or get a mortgage on a piece of property bought at a tax sale.
ETA: when i first got out of school, I helped a poor client with the succession of a tiny little house in Baldwin, LA. We ended up getting to 1/64th shares of ownership across two generations
Never again.
This post was edited on 6/1/21 at 7:42 am
Posted on 6/1/21 at 7:40 am to Maynard James Keenan
quote:
This is not legal advice.
Get a lawyer.
This is the only right answer.
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