Lex

Forum Replies Created

Viewing 15 posts - 46 through 60 (of 195 total)
  • Author
    Posts
  • in reply to: Reimbursement for Admin #4030
    Lex
    Keymaster

    So, there was a will?

    in reply to: Purpose of simulation and counter letter #4028
    Lex
    Keymaster

    Counter letters are no longer recognized in LA law. A simulation is just a term that recognizes that certain transactions can be deemed not authentic (if that makes sense). They are not “legal” by definition.

    in reply to: Reimbursement for Admin #4027
    Lex
    Keymaster

    If the only asset is a bank account that was turned over to the LA Treasurer’s office, then why was a succession done? Did they request it?

    PS: what was the total value of the estate?

    in reply to: Will & Forced Heirship #4021
    Lex
    Keymaster

    Forced heirs are any child over the age of 23 or with permanent disability regardless of age. A forced heir can also be a child with an inherited condition that may make them disabled one day. This is all a nightmare for estate planners (Thank you, Legislature).

    Usually when we refer to a forced heir in a will, we are only talking about a contingency. That is, IF I have a forced heir, then such and such happens.

    People do not normally assign the status of forced heir to their children. They are either forced heirs by operation of law or they are not.

    So, it would depend entirely on the exact wording of the Will. If the will says “I leave the forced portion” to any of my children, then that child would not receive anything by virtue of that bequest because, in fact, they are not a forced heir.

    in reply to: Premarital Accounts/Step Adult Children #4015
    Lex
    Keymaster

    In very general terms, income from separate property is considered community property. That would not apply to SS income since it is not “investment” type income. This can be altered with a marriage contract (prenup) or a reservation of fruits (where it is specified that income from separate property remains separate).

    Do you have a will? Better yet, a trust?

    It sounds like, from your description, there may be trouble down the line if you don’t have a secure estate plan.

    in reply to: Fences #4010
    Lex
    Keymaster

    once a neighbor puts up a fence it becomes a “common” fence

    Actually, I’m not sure I would agree with that. There are certain situations where that can be the case, certainly in New Orleans.

    Where a property owner puts up a fence on his property, it is his fence sitting on his property. A typical subdivision fence does not straddle the property line with 2 inches of the post on one side and 2 inches on the other. Assuming that is the case, then permission would be necessary to alter the fence.

    in reply to: Seeking La. inheritance/estate clarification #4006
    Lex
    Keymaster

    Let me just add, because I find it interesting, that many states had or even still have an estate transfer tax.

    Basically, it is a way to get some tax money for a state without costing the estate or heir anything. In the simplest terms, the state required that you pay them the maximum amount that was deductible from the federal estate tax return. So, if the estate transfer tax was $5,000 and you could deduct that amount from the federal estate tax return, then the feds are out $5,000, the state gets $5,000, and you haven’t paid any more in total taxes.

    Make sense?

    in reply to: Seeking La. inheritance/estate clarification #3982
    Lex
    Keymaster

    If a Louisiana estate was large enough to owe the federal estate tax, then Louisiana wanted a piece of that action too. So, in addition to any inheritance tax there could also be additional taxes due the State depending on the required filing of a federal estate tax return.

    All of this is now history.

    in reply to: Settle community property before filing 103 divorce #3979
    Lex
    Keymaster

    There is no standard legal form for this.

    And it is a good thing there is no form, because this needs to be done oh so carefully.

    You need to get a lawyer ASAP because there are several avenues you can go down. One would be to file a petition to terminate the community which, if successful, would end any liability for debts the ex runs up.

    Anyway, you get the idea. Only a consultation with a lawyer and some back-and-forth on the strategies will work in this situation.

    in reply to: Don't know exact balance in bank account. #3977
    Lex
    Keymaster

    Is the bank account the only asset? That is a shame since absent a will this could be done by affidavit without having to do a succession.

    In any event, there should be no problem estimating the amount. There is no longer an inheritance tax so there is nobody who particularly cares about getting exact figures. If there were, you could always file an amended descriptive list later -but I don’t see where that would ever be necessary.

    in reply to: Seeking La. inheritance/estate clarification #3975
    Lex
    Keymaster

    Hi.

    An estate tax is based on the value of the estate and is owed by the estate.

    An inheritance tax is based on the amount inherited and each heir owes taxes on their portion.

    Louisiana never had an estate tax and the inheritance tax was phased out and is gone.

    in reply to: Usufruct #3973
    Lex
    Keymaster

    This really needs to be posted in the Real Estate or Probate sections.

    Anyway…

    A usufruct is binding on a buyer IF the document creating the usufruct is filed.

    The answer to the rest of your question is: it depends.

    Usufructs that are created by contract or by the terms of a will or trust can pretty much stipulate anything under the sun for the terms of the usufruct. A usufruct created by operation of law -a death of a spouse with no will, for example, would terminate with remarriage and for other specific reasons. So, like I said, it depends.

    in reply to: Deposition #3970
    Lex
    Keymaster

    I did not notice this post until now.

    Let me add to what Bassmaster said: It is routine for Workers’ Comp carriers to question or depose the applicant from time to time. They know that sometimes it leads to grounds to get a claim dismissed. One ground could be failure to cooperate with continuing qualification issues.

    in reply to: How many people per home #3969
    Lex
    Keymaster

    Usually local zoning rules control this issue. Check with the city the property is in, or the parish if the property is outside any city limits.

    A subdivision’s building restrictions will frequently have occupancy limits as well.

    in reply to: TRO to keep someone off property #3948
    Lex
    Keymaster

    The laws of the state where the problem is occurring would apply, which would not be Louisiana.

    In general terms, a TRO has to allege harm of an immediate nature that requires the courts to get involved. The next step is a hearing to see if the TRO should be made into an injunction -either temporary or permanent. Usually the process is fairly expensive.

Viewing 15 posts - 46 through 60 (of 195 total)