How can heirs in Louisiana petition the court to reopen a closed estate to claim unclaimed assets?
This article explains how heirs can petition a Louisiana court to reopen a closed succession (estate) to claim unclaimed or newly discovered assets. It outlines key steps, deadlines, and statutes under Louisiana law. This is for educational purposes only. Disclaimer: This article does not constitute legal advice. Consult a qualified attorney to discuss your specific […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in Louisiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a relative passes away, they may have unclaimed assets held by banks, insurers or state agencies. In Louisiana, the State Treasury’s Unclaimed Property Division safeguards these assets under La. Rev. Stat. § 447 et seq. (https://legis.la.gov/Legis/LawSearch.aspx?d=74155). Heirs can […]
Read article →What Factors Influence the Timeline for Completing the Probate Process in Louisiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For personalized guidance, consult a Louisiana attorney. Factors Affecting the Louisiana Probate Timeline Probate in Louisiana, known as succession, can span from a few months to over a year. Several key factors determine how quickly an estate moves through the court […]
Read article →Risks Associated With Probating Your Father’s Estate Without Legal Representation in Louisiana
Detailed Answer Probating your father’s estate without legal representation in Louisiana involves navigating complex procedures under La. Code Civ. Proc. arts. 2701–2942. An unrepresented administrator risks procedural missteps, personal liability, and delays. Below are key risks to consider: 1. Forced Heirship and Legitimate Shares Louisiana enforces forced heirship rules under La. Civ. Code art. 1493. […]
Read article →If Real Property Passes Automatically at Death vs. Why Do I Have to Probate the Will in LA?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer How Some Real Property Transfers Automatically In Louisiana, certain ownership arrangements bypass probate. These include: Usufruct and Naked Ownership: If you held property subject to another’s usufruct, you automatically regain full ownership at their death under La. Civ. Code […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Louisiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Qualify as a succession representative After a person’s death in Louisiana, a court must appoint someone to handle the estate. If the decedent left a valid will, the named executor applies; otherwise, an interested heir petitions as administrator. […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate if the Death Certificate Is Not Available in Louisiana?
Disclaimer: This article does not offer legal advice and is for informational purposes only. For guidance specific to your situation, consult a qualified attorney. Detailed Answer Under Louisiana law, opening an estate (known as a “succession”) requires formal proof of death. The Louisiana Code of Civil Procedure mandates that a petition to open succession include […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law? (LA)
Understanding Whether a Mother-in-Law Can Serve as Personal Representative in Louisiana Detailed Answer This is not legal advice. It is an informational guide only. In Louisiana, opening a succession (probate) and serving as the personal representative (formerly “executor” or “administrator”) requires statutory authority. You have two primary pathways: The Decedent Left a Will If the […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Louisiana?
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Louisiana for advice on your specific situation. Detailed Answer When a person dies without a last will and testament, Louisiana law treats them as intestate. The Louisiana Civil Code outlines how an intestate estate distributes property among heirs. […]
Read article →How Does an Executor Obtain an EIN for the Estate in Louisiana?
Obtaining an EIN for a Louisiana Estate: Detailed Answer Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for your specific situation. What Is an EIN and Why Does the Estate Need One? An Employer Identification Number (EIN) is a nine-digit number issued by the Internal Revenue […]
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