Probate in Louisiana | LA Legal Resources | FastCounsel

What Steps Are Involved in a Medicaid Estate Recovery Claim Against Inherited Property in Louisiana?

Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When a Medicaid recipient in Louisiana who received long-term care passes away, Louisiana law and federal rules allow the state to recover costs from the recipient’s estate, including inherited […]

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How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Louisiana

How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Understanding Medicaid Estate Recovery in Louisiana What Is Medicaid Estate Recovery? Under Louisiana law, the […]

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Can I appeal a Louisiana probate court decision removing a personal representative?

Disclaimer: This article provides general legal information under Louisiana law and does not constitute legal advice. Detailed Answer Understanding the Removal Decision In probate proceedings, the court may remove a personal representative (also called an executor or administrator) for cause—such as misconduct, neglect of duty, or incapacity. Once the judge signs a judgment removing you, […]

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How to Determine Intestate Heirs of My Father’s Estate in Louisiana

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When someone dies without a valid will, Louisiana law determines who inherits the estate. This process is called intestate succession. Under Louisiana Civil Code, Title III, articles 876–1034, you follow a […]

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Does the Personal Representative Have to Provide a Copy of the Accounting in a Louisiana Probate Matter?

Louisiana Detailed Answer Under La. Code Civ. Proc. art. 3281, a personal representative must file a detailed accounting of all estate transactions within one year of appointment and whenever the court orders additional reports. This accounting must list all receipts, disbursements, and the current status of estate assets. The personal representative must provide copies of […]

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How to Determine What Assets Remain in an Estate After Paying Debts and Fees in LA

Disclaimer: This article provides general information under Louisiana law. It is not legal advice. Consult a qualified attorney for guidance. Detailed Answer When someone dies in Louisiana, an executor or administrator must determine the estate’s net value after paying debts, fees, and expenses. Follow these steps to calculate what remains for heirs or legatees. 1. […]

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How to Manage Estate Administration When Assets Are Located in Multiple Jurisdictions in Louisiana

Detailed Answer Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Always consult a qualified attorney about your specific situation. 1. Identify the Primary Succession Under Louisiana law, the primary succession is opened in the parish where the decedent was domiciled at death. See Louisiana Revised Statutes § 9:4111. That […]

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What Documents Are Needed to Complete a Small Estate Affidavit for Estate Assets in LA?

Disclaimer: This article provides educational information and does not constitute legal advice. Detailed Answer In Louisiana, a small estate (or small succession) affidavit lets heirs transfer estate assets without formal probate when the total value does not exceed $125,000, excluding certain exempt property. This streamlined process is governed by La. C.C.P. art. 3071 and the […]

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How to Distribute Estate Assets to Heirs Using the Small Estate Affidavit Process in Louisiana

Understanding Louisiana’s Small Estate Affidavit Process When a Louisiana resident dies owning only movable property valued at $125,000 or less, heirs can use a streamlined small estate affidavit procedure to collect and distribute assets without a full probate. This process is governed by Louisiana Code of Civil Procedure art. 1911 et seq. and promotes swift […]

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How to Manage and Prioritize Creditor Claims During Estate Administration in LA

Detailed Answer When someone dies in Louisiana, their debts become part of the succession estate. The personal representative (also called the executor or administrator) must identify, verify and pay legitimate creditor claims before distributing assets to heirs. Louisiana law governs timing, ranking and the process for handling these claims. See Louisiana Code of Civil Procedure […]

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