Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? — LA
Do wrongful death proceeds pass under a decedent's will in Louisiana? Short answer: Generally no. In Louisiana, wrongful death damages belong to the statutory survivors and heirs, not to the decedent's succession to be disposed of by the decedent’s will. A separate survival claim (if any) may be part of the succession and could pass […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate? (LA)
Detailed Answer This FAQ explains, under Louisiana law, how a person applies to be appointed as the personal representative of a deceased relative’s estate. In Louisiana the term "personal representative" commonly refers to the person appointed to handle a decedent’s succession — often called an "executor" when named in a will or an "administrator" when […]
Read article →How do I prepare an heirship affidavit in Louisiana?
Detailed Answer In Louisiana, you use an heirship affidavit to establish who inherits when someone dies without a formal will or small estate. Louisiana Revised Statutes §§ 9:2441–2444 set the rules. The affidavit names heirs, describes relationships, and lists property. Key statute requirements: La. R.S. 9:2441: Defines when you may use an heirship affidavit. Read […]
Read article →How to Probate an Unwitnessed or Unnotarized Will in Louisiana
Detailed Answer Under Louisiana law, wills must meet strict formal requirements to be admitted to probate. If a will was neither witnessed nor notarized, it can qualify only as an olographic will. Louisiana Civil Code Article 1575 defines an olographic will as one that is entirely handwritten, dated, and signed by the testator. Typed or […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Louisiana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Locating the Original Will In Louisiana, a decedent’s original will often resides with the testator’s attorney, in a safe-deposit box, or among personal papers. If you cannot find […]
Read article →How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in Louisiana
Co-Owner Realtor Selection Guide for Joint Property Sales in Louisiana Disclaimer: This article provides general information about Louisiana law and is not legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer When two or more parties own property in indivision in Louisiana, each co-owner holds an undivided share of the […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Louisiana?
Detailed Answer If you believe a personal representative in a Louisiana succession is mishandling estate assets, you can petition the court to remove that representative and appoint a successor. Louisiana law provides specific rules under both the Code of Civil Procedure and the Revised Statutes. 1. Establish Grounds for Removal Under Louisiana Code of Civil […]
Read article →What Information and Documents Should Be Gathered Before a Decedent’s Passing to Streamline Probate in Louisiana
Detailed Answer Gathering essential information and documents before a loved one’s passing can significantly streamline the Louisiana probate (succession) process. Under Louisiana law, the personal representative must open the succession in the parish court and file an inventory within 90 days (La. Rev. Stat. Ann. § 9:2361). To prepare, collect the following: 1. Identification Documents […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Louisiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer Under Louisiana law, trustees hold a fiduciary role and must manage trust assets with loyalty, prudence, and transparency. When a trustee misuses trust funds—by self-dealing, improper investment, or unauthorized […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records? (LA)
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer Under Louisiana law, employers must keep payroll records for at least three years. See La. R.S. 23:631. If your former employer refuses to provide copies, you can take the […]
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