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re: Wills and Succession in LA
Posted on 6/1/21 at 7:49 am to boosiebadazz
Posted on 6/1/21 at 7:49 am to boosiebadazz
quote:
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.
It's kind of funny listening to people ask, “Do I really need title insurance?"
And, this is why mortgage companies require it. Even for newly built homes, you never know how the underlying land has passed over the years.
I remember reading about a Louisiana case where the attorneys had tracked title to a piece of property all the way back to 1803. I forget what the case was about, but the judge had ordered the attorneys to do that and wasn’t satisfied. So, he ordered the attorneys to go back even further. One perplexed attorney looked at the judge and said something to the effect of, “Well judge, before 1803 we believe it was owned by the nation of France and we don’t have any records of how France obtained its title other than obtaining it by going to a war or two."
This post was edited on 6/1/21 at 8:47 am
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Posted on 6/1/21 at 8:06 am to Beachin88
quote:
I just assumed he had a will. In part due to my sister owning an insurance agency,
keep in mind that there are a number of insurance products that can pass assets(mostly cash) from the your father to your sister without having to go through a succession. Life insurance and annuities pay the beneficiary without having to go through a succession.
With your sister owning an insurance agency, I would expect that she would know about this products.
An IRA or a 401K also goes to the designated beneficiary without having to go through a succession.
Same thing with assets that have been put in a trust. The assets that had been placed in a trust do not go through a succession at the termination of the trust.
If the house was placed in a trust then there should be some record in the court house. Go to the court house and see if there is any conveyance records with your father or your half sister as a party to the transaction. Once you have that information then you will have a better idea on how to proceed.
There may not be anything available to go through a succession. The only way to definitely know is to ask you sister and ask for documentation to back up what she says.
Posted on 6/1/21 at 8:11 am to Beachin88
call the clerk of court in the parish where he lived when he died, and ask if a succession has been opened in his name. if not, you can open one. your personal relationship with your dad is not relevant for purposes of an intestate (no will) succession
Posted on 6/1/21 at 8:21 am to piratedude
If your under 25, you are golden in Louisiana as far as a claim, will or not
Posted on 6/1/21 at 8:26 am to piratedude
Nothing has been opened yet, no records of anything between the 2.
Posted on 6/1/21 at 8:48 am to LSU6262
quote:
Why worry about it now? Move on or you're the jerk trying to get something from people you never really knew
Or he could see it as getting what's coming to him after his shitty deadbeat dad ghosted him his whole life.
Posted on 6/1/21 at 9:33 am to UpToPar
No. One of my sisters was executor of his estate. My step mom and him did a joint will. It wasn't valid for whatever reason.
It kind of worked out in our favor. They had left everything split up between all my siblings/stepsiblings. But since he died first, she could have redistributed as she wanted (if the will was still active). Now we are guaranteed a certain portion and can even go after her assets to make it whole. This is just the assets they jointly owned. We couldn't go after the stuff that listed her as the beneficiary (annuities, life insurance, 401k..). She will more than likely leave us what was originally planned. But she is in good health and might live for many years. Could remarry, join a cult or get pissed and want to leave everything to a dog. So it's something..
It kind of worked out in our favor. They had left everything split up between all my siblings/stepsiblings. But since he died first, she could have redistributed as she wanted (if the will was still active). Now we are guaranteed a certain portion and can even go after her assets to make it whole. This is just the assets they jointly owned. We couldn't go after the stuff that listed her as the beneficiary (annuities, life insurance, 401k..). She will more than likely leave us what was originally planned. But she is in good health and might live for many years. Could remarry, join a cult or get pissed and want to leave everything to a dog. So it's something..
Posted on 6/1/21 at 9:36 am to Beachin88
Not to be a dick, but go hire a lawyer and stop asking random strangers on the OT for legal advice.
Posted on 6/1/21 at 10:38 am to brmark70816
quote:
Could remarry
remarriage will terminate the usufruct and you'll get your half then.
no joint wills allowed in LA, so this was likely the problem to begin with.
Posted on 6/1/21 at 10:45 am to MMauler
This was a problem after Katrina. There was money from the Road Home available, but you had to have title. A lot of houses in the Lower 9 had not changed the title in a hundred years.
Posted on 6/1/21 at 11:24 am to boosiebadazz
quote:
Usufruct is one of my favorite words in da law
A Usufruct sounds like a dirty word, and calling someone a usufructory sounds like you want to fight them...
Posted on 6/1/21 at 11:48 am to brmark70816
quote:
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)..
She only has usufruct and anything she spends or sells that you have ownership in her estate has to compensate you when she dies.
I believe you would be a naked heir.
This post was edited on 6/1/21 at 11:59 am
Posted on 6/1/21 at 12:14 pm to Beachin88
Find an attorney who specializes in this area of law and practices in the parish where the property is located. Don't go cheap.
Posted on 6/1/21 at 12:18 pm to greenbean
Am I the only one that thinks Op is a POS? He has no relationship but wants his cut?
Posted on 6/1/21 at 12:22 pm to LSUFanHouston
U so fuct when ya stepmomma gets the usufruct
This post was edited on 6/1/21 at 12:53 pm
Posted on 6/1/21 at 12:33 pm to boosiebadazz
quote:
stepmomma
quote:+ naked ownership
usufruct
Step sonnnnn what are you doing?
Posted on 6/1/21 at 12:36 pm to Maynard James Keenan
Making light of funny words and not engaging in detailed legal analysis 
This post was edited on 6/1/21 at 12:37 pm
Posted on 6/1/21 at 12:43 pm to Beachin88
Cannot stress enough to have this conversation with their parents. I learned a lot with my father's death and am involved with my mother's estate. I've got 3 half siblings and expect two of them to be greedy.
Posted on 6/1/21 at 3:40 pm to boosiebadazz
Yeah that gets complicated, but under the OP scenario this is much simpler unless the girlfriend has any ownership to the property , i.e title.I suppose she could try and claim adverse possession but that would be a stretch. Under the scenario without a bona fide will, the OP and his sister would both be entitled to 1/2 of the estate. Unless Dad quit claimed the property to the girlfriend, but a cursory title search at the clerk's office would turn that up.
Depends on the OPs relationship with the sister.....absent any documents otherwise, the girlfriend is out.
Depends on the OPs relationship with the sister.....absent any documents otherwise, the girlfriend is out.
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