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re: Interdiction
Posted on 9/30/23 at 1:26 pm to Will Cover
Posted on 9/30/23 at 1:26 pm to Will Cover
And yes I am looking at using an Elder Law firm so I would like to know who to avoid.
1
Posted on 9/30/23 at 6:49 pm to Julz5198
Truly sorry to hear about this.
Try to think of it this way - you have your property. She has hers. An interdiction is a proceeding whereby a curator will be appointed to oversee her estate for her because she is unable. The curator will be in charge of managing her property.
You can plan for your portion in your will and/or trust.
Try to think of it this way - you have your property. She has hers. An interdiction is a proceeding whereby a curator will be appointed to oversee her estate for her because she is unable. The curator will be in charge of managing her property.
You can plan for your portion in your will and/or trust.
Posted on 10/1/23 at 7:09 am to NC_Tigah
quote:
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.
This isn't what it means in LA.
It means you're declaring the person incapable. It basically strips them of the legal authority to do things (there are different versions).
The process can be relatively simple or incredibly time consuming. It also happens very quickly. I did one that was 100% obvious, uncontested, and bare bones and I am a light biller and I think it was over $3k in billing. They can get real expensive real quickly.
Posted on 10/1/23 at 8:09 am to SlowFlowPro
This firm is trying to charge me $6800 for the interdiction??. It will be simple and uncontested. I am sure of that
Posted on 10/1/23 at 8:12 am to Julz5198
Also , what is the difference between a trustee and a curator?
Posted on 10/1/23 at 8:46 am to Julz5198
quote:
What is the difference from a curator and a trustee then? Do you have to go to court to make either legit?
Trustee would be assets in a trust and curator would likely mean not in a trust.
I’m not sure of the legalities here but I’d think you could put your assets in a trust and have family members as trustees to manage it for her.
Neither of the options is going to be cheap.
Posted on 10/1/23 at 4:10 pm to Julz5198
quote:
This firm is trying to charge me $6800 for the interdiction??. It will be simple and uncontested. I am sure of that
Does that include all filing fees and fees for the court appointed attorney? If so I couldn’t argue with that number. I don’t do interdictions and there are really only a handful of people that will (or should) do them in EBR.
Posted on 10/3/23 at 7:49 am to Julz5198
You need to strongly consider worst case scenario here OP. You need to take a hard look into the mirror and determine if the kids will absolutely do the right thing. As said $6800 sounds like a lot but it probably is not, I would absolutely talk to 2-3 other firms here. If you aren’t 100% confident in that firm, move on. This is something you should be 100% confident in.
Posted on 10/5/23 at 8:52 am to Julz5198
quote:
Also , what is the difference between a trustee and a curator?
Trustee is the person or entity (can be an individual, bank, trust company, etc.) who controls a trust. A trust is a relationship created by a written agreement that provides for the title to assets (cash, land, stocks, etc.) to be transferred to the name of the trustee, who manages them for the benefit of someone else (the beneficiary). A trust can be created while you are alive or by a will to begin after your death.
Curator is the person appointed by a court to oversee the personal affairs and/or property of a person who has been interdicted because that person is no longer able to take care of their own affairs. The curator has tremendous power over the interdict and his property, basically taking over their life and making all decisions, so the law imposes a duty on the curator to act in the interdict's best interest.
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