What steps are needed to seek guardianship or a conservatorship for an incapacitated relative in Louisiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer In Louisiana, appointing a guardian (for minors) or a conservator—termed an “interdiction” for adults—requires a court proceeding under the Louisiana Civil Code and Code of Civil Procedure. Follow these […]
Read article →How can original wills and codicils be located and verified before opening probate in Louisiana?
Detailed Answer Before opening probate in Louisiana, you must locate the original testament (will or codicil) and confirm it meets state formalities. Louisiana follows the Civil Code rules for depositing, storing, and proving wills. 1. Check the Registry of Wills Under La. Civ. Code art. 1551, a testator may deposit the original will or codicil […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in Louisiana?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer When a personal representative in Louisiana faces limited funds to handle creditor claims, the law offers several cost-effective options to protect both the estate and the representative’s personal assets: 1. Use the Small Succession Procedure If the decedent’s estate qualifies […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in LA?
Detailed Answer To validate and certify an affidavit of collection under Louisiana law, you must follow a clear procedure. This process ensures your notice of default and intended sale of personal property complies with the Uniform Commercial Code (UCC) and public notice requirements. 1. Confirm Your Security Interest First, verify that you hold a valid […]
Read article →What is the process for contacting a responding law enforcement officer or agency to correct a report in Louisiana?
Disclaimer: This is not legal advice. It is for informational purposes only. Consult a qualified attorney for guidance on your specific situation. Detailed Answer If you discover factual errors or omissions in a law enforcement report in Louisiana, you can request a correction by following these steps. Identify the Report and Agency. Note the report […]
Read article →Steps to File a Petition Claiming Surplus Funds After Foreclosure in Louisiana
Detailed Answer When a property sells at a Louisiana sheriff’s sale for more than the debt, interest, and costs, the excess becomes “surplus funds.” Louisiana Code of Civil Procedure article 2369 explains how the court handles that surplus. To recover your share, follow these steps: 1. Confirm the surplus deposit After sale, the sheriff must […]
Read article →Do I Get Any Ownership Interest in Real Property if I Pay the Mortgage in Louisiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In Louisiana, paying a mortgage alone does not automatically grant you an ownership interest in the real property. Ownership in Louisiana arises only through a valid conveyance—typically a duly […]
Read article →What steps are needed to access and review information held in an unclaimed property account by nccash.com (LA)
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Please consult an attorney for advice about your situation. Detailed Answer Under Louisiana law, the Department of Treasury’s Unclaimed Property Program maintains records of unclaimed tangible and intangible property, such as bank accounts, insurance proceeds, and utility deposits (La. Rev. Stat. […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Louisiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Louisiana law, a surviving spouse must prove a valid marriage to claim a family or statutory allowance from a decedent’s estate. La. Civ. Code art. 3444 grants the surviving spouse (and minor children) a reasonable family allowance for […]
Read article →What options exist for establishing authority over an elderly heir’s personal and financial decisions in Louisiana?
Detailed Answer 1. Power of Attorney in Louisiana Under Louisiana Civil Code articles 2989–3055, a power of attorney lets an individual (the principal) name an agent to handle personal, financial, or business matters. To create a valid document, the principal must: Sign the instrument in the presence of two witnesses. Have the signature acknowledged by […]
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