Which forum to use...

Sorry if this is the wrong forum: Confused should be my front name, or at least the middle...

Anyway, if a man in LA has no wife or children, do siblings have a voice if he leaves his home and property to a named individual?
And if he chooses to do so, can he do it through the life insurance on his mortgage, or does LA law require that it be duly documented as a will; and filed in court, etc.?

MSKJN

probate !

Nicholas James

He hasn't died......
It's a work in progress, so to speak.
But can I move the post or does a moderator have to? and if I can, how do I?
(I copy and paste reeeeeeeal good) 

MSKJN

The lawyer that runs this site has written a very good book explaining Louisiana law. 

I highly recommend it.



You can buy it here:

http://www.la-legal.com/index.php?Legal_Advisor

Nicholas James

To avoid probate court, he should write a will. 

I don't believe it needs to be filed in court.

Nicholas James

Been away a while.  Ordered the book just this minute.  I'll highlight the stuff he needs and he can take it from there.
Thanks a bunch.
 

MSKJN

A will does not avoid probate court. On the contrary, it is a one-way ticket to probate court since it must be "probated" before it can be executed.

lex

And do I take that to mean that,
a: it must be signed off by a judge before it's valid; or
b: upon the death of the testator, standard law (regarding siblings as there are no offspring) would apply unless the will was presented?

MSKJN

"Probate" means literally "to prove." So, a will is submitted to the court with a petition asking that it be confirmed as the valid last will and testament of the deceased. If it is proper in form and if there are no objections, then it would be "proven" and filed to be executed. At that point, the executor named in the will could be confirmed and "letters testamentary" issued which is court authority for the executor to act on behalf of the estate.

Without a will, the procedure is essentially the same except the person who represents the estate is an "administrator" instead of an "executor" and the provisions of our statutes determine where asset go instead of the deceased making this determination.

In either event, it is called a "succession" and is very often called "probate" in either case which technically is not correct, but s used so often incorrectly that it has become acceptable.

lex

Ahhhhh I now begin to comprehend. 
Such things should not be so complicated given that in time of grief sanity often remains a distant friend. 
But we will be better educated once the book arrives.
Thanks so much.

MSKJN