What is the difference between common and solemn form probate in Louisiana?
Detailed Answer Louisiana does not use the terms “common form” and “solemn form” probate as North Carolina does. Under Louisiana law, you generally choose between a summary succession, a small succession affidavit, or a formal (ordinary) succession. Each method follows rules in the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes. 1. Summary […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Louisiana?
Detailed Answer Under Louisiana law, any person acting as an executor, administrator, or curator must file a complete inventory of the decedent’s assets—including all personal (movable) property—before the court sets a year’s allowance. That inventory is the foundation for calculating the allowance, which is drawn exclusively from movable assets. 1. What is a year’s allowance? […]
Read article →How to request and schedule a probate hearing in Louisiana when none is set?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance on your specific matter. Detailed Answer When you file a succession petition in Louisiana, the court must set a hearing date to admit the will or appoint an administrator. Under La. C.C.P. art. 3395, […]
Read article →How to Serve Court Orders on Interested Parties to Move a Louisiana Probate Case Forward?
When you open a probate succession in Louisiana, you must properly serve all interested parties to move the case forward. This article explains the requirements and best practices for serving court orders in a Louisiana probate matter. Detailed Answer In Louisiana, service of court orders and citations in a probate succession requires adherence to the […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Louisiana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney for guidance on your specific situation. Detailed Answer 1. Understand the Nature of an Initial Probate Representation Agreement An initial probate representation agreement is a written engagement letter between you and your attorney outlining which probate-related […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in Louisiana?
Detailed Answer: Removal of an Estate Administrator in Louisiana Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Louisiana for advice specific to your situation. Grounds for Removal Under Louisiana law, you may ask the court to remove an administrator who fails to carry out their duties. […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in Louisiana?
Detailed Answer Under Louisiana law, a wrongful death action arising from a car accident serves as a special succession proceeding rather than a traditional personal injury suit. Louisiana Civil Code Article 2315.2 establishes that when a wrongful death claim is filed, the action itself opens the succession of the deceased for the limited purpose of […]
Read article →How to Apply for Letters of Administration and Required AOC Forms in Louisiana
Detailed Answer Applying for letters of administration in Louisiana starts with opening an intestate succession in the proper Civil District Court. You act as administrator when someone dies without a valid will or when no executor is named or qualified. The process follows Louisiana Code of Civil Procedure articles 3271–3276 and related statutes. 1. Who […]
Read article →How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in Louisiana?
Detailed Answer Under Louisiana law, wrongful death actions belong to the succession of the deceased for the benefit of certain survivors. La. Civ. Code art. 2315.1 establishes who may recover, and art. 2315.2 governs how to divide proceeds. To distribute proceeds, you must: 1. Identify Eligible Heirs Surviving spouse Children (including adopted) Parents if no […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in LA
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies after receiving Medicaid benefits in Louisiana, the state may file a claim against the decedent’s estate to recover those expenses under La. Rev. Stat. § 46:287. To obtain and review the documentation of that claim, follow […]
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