Lex

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  • in reply to: Forced heirship-conflict in a family #4175
    Lex
    Keymaster

    Well, in the first place we cannot give “advice” we can only discuss the relevant law in non-specific ways.

    That being said, there are two ways to go here. One, as you already know, is for the two of you to give up 2.5% each of your shares.

    The other thing you might look at is whether your sister got anything outside probate that could be counted towards the forced portion. That might be life insurance, IRAs and thing of that nature that pass outside the Succession.

    The Bi-polar cases were decided the way they were because there was expert testimony that indicated that even if the potential force heir was not disabled now, there was a significant chance they would be disabled “one day.” So, not quite automatic but probably close.

    You can thank the geniuses on our Legislature for throwing in the bit about a forced heir is anyone who, because of an inherited medical condition, might become disabled somewhere down the road. We lawyers warned that this was going to lead to litigation.

    The forced portion is the forced portion and the disinherison aspect of the other Bi-polar cases should be irrelevant.

    in reply to: Do I need a permit #4157
    Lex
    Keymaster

    There is so much variation in permitting from one jurisdiction to another that it really takes checking with your local permit office to see what their take on this would be.

    in reply to: Inheritance for adopted children #4156
    Lex
    Keymaster

    Legally adopted children and naturally born children are treated exactly the same under the law.

    So, if a naturally born child is no longer a forced heir upon reaching age 24, it is the same for adopted children.

    Absent permanent disability, a child over the age of 23 can be left out in a will.

    in reply to: Creditor Claim Against Unopened Succession #4147
    Lex
    Keymaster

    Sometimes the motivation in filing a proof of claim in the mortgage records is to put third parties on notice that a claim exists against the deceased’s estate. That notice could be general in nature, not necessarily just applicable to real estate. The notice can include a request that the Clerk of Court provide notification in the event a succession is opened.

    Any “interested party” can open a succession -and that includes creditors. Sometimes a creditor may doubt that the deceased has enough assets to justify the creditor going to the expense of opening the succession, so they will go the claim route.

    in reply to: LTC – Medicaid – Land donation #4146
    Lex
    Keymaster

    Sorry, I missed seeing this post until now.

    The folks at Medicaid can be unpredictable as to how they might view a particular transaction.

    If property is an exempt asset, like the family home, then alienating the property in any way could be considered converting an exempt asset into a countable asset. For example, you donate your home worth $200,000 to a relative. That exempt asset (the family home) is now a cash asset which has no exemption. Medicaid at that point would terminate eligibility and would tell you that you have to “spend down” $200,000 before you become eligible again.

    So, if you aren’t talking about donating the family home but just some other property in which she has an interest, then it should have been considered an asset when she applied for Medicaid. If it was not disclosed as an asset, then there could be a problem. It could also be that the partial interest was disclosed, but Medicaid might have considered a partial interest with several co-owners as having no real value. It is hard to say without the details, but it would never have been considered exempt so donating it should not matter. Again, it depends on the details.

    in reply to: Heirship How do I submit to active succession case #4142
    Lex
    Keymaster

    The diagram:

    Order of Succession

    in reply to: Heirship How do I submit to active succession case #4136
    Lex
    Keymaster

    Initial paperwork did not any heirs

    Does that mean that a succession was opened and that an Affidavit of Death and Heirship was filed? That is usually what someone means when a list of heirs is mentioned.

    Now, that being said, only heirs (called “legatees” if there is a will) that would inherit are usually mentioned. If there are children, spouse, and so on, then cousins, etc., would not be listed anywhere in the succession because they would not stand to inherit anything.

    If that is not the case and there are heirs who should be listed because there are no closer relatives, then someone needs to intervene in the succession. Unfortunately, that would require hiring a lawyer to do it properly.

    in reply to: Child support on lawsuit? #4134
    Lex
    Keymaster

    Seems hard to believe, doesn’t it?

    In any event, if he did, then he did.

    I would think the burden would be on him to show that he did not receive any personal benefit from the $3 million -that it was spent or owed in medical bills.

    in reply to: Child support on lawsuit? #4131
    Lex
    Keymaster

    There are different ways to look at this.

    Was lost income part of the settlement? That can always be included.

    What income could reasonably be expected from $3 million if invested? That is another way to include it.

    Any court would expect assets to be productive of income and will often just attribute a reasonable amount whether invested or not.

    in reply to: Multiple owners of property #4129
    Lex
    Keymaster

    Not exactly a creditor of the Executrix. The lawyer for an estate represents the Executrix and is a creditor of the estate. Yes, they would be looking for assets to pay the administration costs as a priority. Those would include the atty fees, court costs and executor fees.

    in reply to: Multiple owners of property #4127
    Lex
    Keymaster

    Much of this would be within the discretion of the particular judge. Since a primary purpose of a succession is to see that creditors of the deceased are paid, it would seem that a lawyer for a creditor could petition the court to sell any assets that belong to the succession. Usually this would be handled initially through or against the executor of the succession. Is there an executor or administrator?

    in reply to: Assets in Mississippi #4126
    Lex
    Keymaster

    Usually the ancillary probate depends on the primary probate to establish who the legatees (if a will) or heirs (if no will) are.

    The Louisiana courts would have no jurisdiction over MS property, buy they do have jurisdiction over deciding who are heirs. The ancillary probate then recognizes the heirs and applies their own law as to the property.

    in reply to: Breaking Lease? Help! #4125
    Lex
    Keymaster

    You can always sue to terminate the lease.

    The problem there is you need to find a lawyer willing to handle a small case for a small fee. That is not always easy.

    Many cities in Louisiana have a lawyer referral service sponsored by the the local Bar Association. I would start there. You will be referred to a lawyer willing to handle you case -usually at a reduced fee. I would think it might just take a letter from a lawyer to solve the issue.

    in reply to: Living will #4104
    Lex
    Keymaster

    That site is no longer available, sorry.

    in reply to: Tenant made keys #4100
    Lex
    Keymaster

    Is there a written lease? Does it address the issue?

    If you have a written lease, it needs to be amended with notice to the tenants.

Viewing 15 posts - 16 through 30 (of 195 total)