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Interdiction
Posted on 9/27/23 at 11:34 am
Posted on 9/27/23 at 11:34 am
So I am sourcing out some legal help with will, end of life stuff. This firm I have talked to came back with 2 quotes. First was $2100( which is about what we discussed several months ago). The second included an Interdiction and it was $6500?? What is an Interdiction anyway? The emailed me a 50 page booklet that I couldn’t understand. Could someone explain this to me?
4
Posted on 9/27/23 at 2:17 pm to Julz5198
Interdiction is basically going to court to get a person declared mentally incapable of handling their business - dementia, Alzheimer's, stroke, etc. You go to court to get a guardian or trustee appointed to oversee their affairs. I wouldn't plan to have to seek an Interdiction, and definitely wouldn't pre-pay for it unless there are early signs of the onset of the disease.
Posted on 9/27/23 at 4:54 pm to LSUGUMBO
It’s my wife and she is incapable of making those decisions. She had a brain event a few years back. There has to be a way to manage what I need done upon my passing if all the other parties are in agreement and things are signed and notarized?
Posted on 9/27/23 at 9:37 pm to Julz5198
**Not a legal expert*** (I am a Landman who has experience reading trust docs and seeing them in action when buying/selling/leasing property)
It seems like it could be done by creating a trust for all of your assets, then appointing yourself trustee, and whomever you choose as successor trustee(s) once you resign or die. The trust is set to benefit you both, and then the survivor of the two of you, and on and on- it could technically go on indefinitely, however they usually don’t go past the kids and/or grandkids.
This may not cover everything you need, but it’s worth having the conversation about this option with your attorney.
It seems like it could be done by creating a trust for all of your assets, then appointing yourself trustee, and whomever you choose as successor trustee(s) once you resign or die. The trust is set to benefit you both, and then the survivor of the two of you, and on and on- it could technically go on indefinitely, however they usually don’t go past the kids and/or grandkids.
This may not cover everything you need, but it’s worth having the conversation about this option with your attorney.
Posted on 9/27/23 at 11:48 pm to Julz5198
An interdiction is when you petition the court to have someone declared incompetent to handle their own personal and financial affairs and to have someone appointed to act as their curator to handle their business for them. It is an expensive and unpleasant process even if it is not contested. That is why everyone should consider executing medical and financial powers of attorney, appointing someone they trust as agent, while they are capable of doing so. If the person would have executed a simple durable power of attorney before the problem arose, the ordeal of having to go through the interdiction process could have been avoided.
This post was edited on 9/28/23 at 12:07 am
Posted on 9/28/23 at 6:52 am to Julz5198
quote:I'd guess the reference is to an interdiction clause?
So I am sourcing out some legal help with will, end of life stuff. ... The second included an Interdiction and it was $6500?? What is an Interdiction anyway?
An interdiction clause or section in a will is a provision restricting or preventing a specific individual or entity from inheriting or receiving benefits or assets which you intend to pass on.
Leona Helmsley's will is an example. She left a large portion of her estate to her dog, with specifications to disinherit anyone who challenged the provision. She had 4 grandchildren. She stipulated two of them would be disinherited if they didn't visit their father's (Helmsley's only child) gravesite a couple of times a year. Of course Leona is buried right next to him. The other two grandkids she left out of her will entirely.
Enforceability of interdiction clauses can be challenging. Helmsley's was in the courts for a while. There may be specific legal limitations on one's ability to completely disinherit certain folks (spouse, young kids). I suppose those challenges would be the source of the extra legal costs.
Posted on 9/28/23 at 9:34 am to LSUGUMBO
quote:
LSUGUMBO
if your wife is not capable of managing her affairs, she cannot sign a will, cannot convey her property to a trust, or do anything else that requires capacity (mental competency to understand what's happening). It sounds like you need an interdiction. They are expensive because the system disfavors them - nobody wants the Britney Spears scenario. It's a real PITA. I'm sorry you are going through this. Also, legal quotes are going to be very fluid - I wouldn't pick a lawyer based on a price quote.
Posted on 9/28/23 at 9:47 am to lsujro
[quote]if your wife is not capable of managing her affairs, she cannot sign a will, cannot convey her property to a trust, or do anything else that requires capacity (mental competency to understand what's happening). It sounds like you need an interdiction.[\quote]
Yeah, you're 100% right in this scenario.
Yeah, you're 100% right in this scenario.
Posted on 9/28/23 at 9:52 am to lsujro
You can’t plan for a brain stroke. I will be passing before her though. Got diagnosed with cancer a couple months ago. Our house is paid for as well as me having a 401k fund and us having a savings account with a decent amount in it. We have 2 plots to be buried in. I’m in the process of finalizing my funeral arrangements. So upon my passing she will get the 401k and the house. She has a daughter that could help her manage these funds. Can we appoint her a executor or trustee?
Posted on 9/28/23 at 10:34 am to Julz5198
Can you appoint your daughter in law as executor or trustee?
You can if you make a will or create a trust. This would only be for your share of the property. It may be too late for your wife’s portion to be included in this.
You can if you make a will or create a trust. This would only be for your share of the property. It may be too late for your wife’s portion to be included in this.
Posted on 9/28/23 at 11:26 am to Julz5198
quote:
You can’t plan for a brain stroke. I will be passing before her though. Got diagnosed with cancer a couple months ago. Our house is paid for as well as me having a 401k fund and us having a savings account with a decent amount in it. We have 2 plots to be buried in. I’m in the process of finalizing my funeral arrangements. So upon my passing she will get the 401k and the house. She has a daughter that could help her manage these funds. Can we appoint her a executor or trustee?
I'm sorry this is happing to your family. Tough situation. I'm assuming you are in LA, as some of this is state dependent. Without a will, your wife's property is going to go to her kids by default. Your property will pass depending on your will and your designations in the 401k account (supersedes the will). If you want your money to be used for your wife's care, it makes sense to set up a trust and leave your 401k to the trust for her benefit. You could name her daughter or another trusted person as the trustee.
tbh, your situation is much more complicated than the average estate plan due to your illnesses. the money you pay for an attorney will probably be well spent, and i suspect it will give you peace of mind. i would find one who you feel comfortable with. ask friends and family for referrals - that's the best way to find a good one (and how most attorneys get their business).
Posted on 9/28/23 at 12:13 pm to Julz5198
quote:
She has a daughter that could help her manage these funds. Can we appoint her a executor or trustee?
I'm very sorry for your situation.
How many heirs do you have? Is it just the one daughter of hers? That's important as that is where the money would go naturally generally speaking. Obviously having the legal plan spelled out is easier and better overall, but at the same time there's no reason to over think and over worry if naturally it most likely ends up in the right place anyway.
Posted on 9/28/23 at 12:29 pm to baldona
I really think there is way to accomplish what I need without the interdiction. We have 4 kids total. None together. Two each from our first marriage. I actually had a group FaceTime call a few weeks ago and everybody is on the same page. Made them aware of what should be done with the funds available.
Posted on 9/28/23 at 1:54 pm to Julz5198
quote:
Made them aware of what should be done with the funds available.
Very sorry for your situation and prayers your way.
Not saying this will happen, but everybody is in agreement in a situation like this. It isn’t until your passing when the claws will come out and the shitshow will begin. When there’s money involved it undoubtedly makes everyone go bat shite crazy.
I’d spend the money and get it papered up the right way.
Posted on 9/28/23 at 2:56 pm to Im4datigers
Not sure if the amounts you are leaving but you may also want to look into a special needs trust given the condition of you wife. This could help her keep government provided medical assistance to the extent she receives it now.
Posted on 9/29/23 at 9:25 am to Julz5198
quote:
I really think there is way to accomplish what I need without the interdiction.
It seems possible based on what you have said. Interdiction is certainly expensive and difficult to do, so I'd avoid it unless it's necessary.
quote:
everybody is on the same page
I would consider the possibility (likelihood) that they are on the same page now for your benefit. But what happens when you are gone? Money has a way of finding divisions between people. If they end up fighting over it, your wife suffers and they will eat through the cash. I wouldn't leave it to chance - at least get your will and 401k beneficiary set up.
Posted on 9/29/23 at 7:41 pm to lsujro
Thanks everyone. I died 4 years ago anyway when she had the brain stoke.
Posted on 9/29/23 at 9:45 pm to Julz5198
quote:
Julz5198
If you're in Baton Rouge, I can tell you who NOT to use for an interdiction.
quote:
Could someone explain this to me?
Interdiction basically means "civil death." The person is still alive but if interdicted the person has no more legal rights and a curator and under-curator are assigned to handle their affairs.
This post was edited on 9/29/23 at 9:47 pm
Posted on 9/29/23 at 10:48 pm to Julz5198
I'm really sorry for you. Hope things work out 
Posted on 9/30/23 at 1:25 pm to Will Cover
What is the difference from a curator and a trustee then? Do you have to go to court to make either legit?
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