How to Verify and Probate an Old Will Discovered Decades After Execution in LA
Detailed Answer Discovering a will decades after execution raises questions about authenticity and proper probate procedures in Louisiana. Follow these steps under Louisiana law to verify and probate an old will: 1. Verify the Will’s Authenticity Identify the type of will. Louisiana recognizes notarial, mystic (closed), and nuncupative wills. Olographic wills are invalid. Review formal […]
Read article →How to verify if the decedent had a valid will or other estate planning documents in Louisiana
How to Verify a Valid Will or Estate Planning Documents in Louisiana Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Louisiana, you must confirm whether they left a valid will or other estate planning documents. Louisiana follows civil law rules for wills, trusts, […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Louisiana
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Louisiana for guidance specific to your situation. Detailed Answer In Louisiana, a subpoena duces tecum (court-ordered subpoena to produce records) allows interested parties to obtain estate records, such as bank statements, wills, inventories or accountings, from […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How a Former Spouse or Survivor Can Claim Surplus Funds After Death or Divorce in Louisiana Detailed Answer When a court-ordered sale of immovable property in Louisiana yields more than the debt and costs, the balance—called “surplus funds”—goes to those legally entitled. A former spouse (after divorce) or a surviving spouse/heir (after death) may claim […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined when a will designates a remainderman? (LA)
Detailed Answer 1. What Is a Life Estate (Usufruct) Under Louisiana Law? In Louisiana, a life estate is called a usufruct. Under La. Civ. Code art. 533, a usufruct grants a person (the usufructuary) the right to use and enjoy another’s property during life. The usufructuary may possess the property, collect its fruits (rents, harvests, […]
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