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SpinozaDude

"Trust" was created for the benefit of your father

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Theoretically, a "Trust" was created for the benefit of your father, if your father died Intestate, without a Will, then the property he would have heired to, would be divided according to Lineal Descendacy in most states, Federal Law concurs as well,..... Your mother being married to him at the time he came into possession of his mother's property is pertinent.... and if he was Divorced from your mother at the time of his death, then that is also pertinent.  How she obtained position as Administrator is very important.  Usually, but not always, an Administrator must post a Bond sufficient to cover the value of the Estate being administered..... The Administrator has to file an Accounting to the Clerk of Superior Court in most states and the Clerk must approve the disbursements.  If your mother is being unjustly enriched then you have a Tort to proceed upon and damages to collect.  Your attorney fees can be assessed against your mother is she proceeded in "bad faith."  If you have siblings, they have a right to heir from your father.  A Certified Letter to the Administrator of the ____ _____ Estate should be sent to her : Restricted Delivery , explaining the issues as you have set forth; a copy should be sent to the Clerk of Superior Court of the county granting her Letters of Administration.... An emergency Ex Parte motion should be made moving the Court to suspend her authority and provide an Accounting of disbursements made thus far.  A Finding made upon the Issue(s) you have raised should be a Special Proceeding and

ultimately a different Administrator should be appointed.

 

PLEASE HELP !!! My grandmother owned a business for 60 years in Louisiana. In 2005 she died. She willed the business and all of the business assets to my father (her only child). In 2009 my father died without a will. I am his only child. One of the assets of this business is a 42 acre tract of land here in Louisiana. My grandmother bought this land in 2002 hoping to relocate the business to this land. Unfortunately, she died before this could happen. In 2006, the business signed a gas lease with a company and was paid per acre for upfront money. In 2010 (after my father's death) the business started receiving monthly royalty checks on this land. In 2011 the business was paid additional monies for a pipeline access on this land. My father was the owner of this business only from 2005-2009. The upfront money per acre was put back into the business and NOT comingled with the personal life of my father. The rest of the money was received after his death. I have been trying to do a succession on my father's estate, put when my mother found out she went and filed her own succession, getting herself appointed administraitor and she is now suing me for the " fruits" of the business and "fruits" and future "fruits" of the 42 acre land tract. Her lawyer is telling her she is entitled to all of the "fruits", everything I have researched tells me that as long as seperate property "fruits" are not comingled with personal affairs, then the "fruits" stay seperate. And my lawyer since this succession has started, just replies........." Hmmm, I Just Can't Answer That Question " . I am in desperate need of answers to my questions, and the questions are:

1. Is my mother entitled to any " fruits" of the business, since my father only owned the company for approximately 4 years, and if so, how much is she entitled to ?
2. Is my mother entitled to any "fruits" of the land tract, since ZERO of this money was co-mingled with his personal affairs?

3. And if my mother is entitled to any "fruits" of the business for the 4 year period my dad was alive, would it count against any fruits she may be owed if I have still given her a paycheck every week, even though she does not and has never worked or had anything to do with the business, I also bought her a Mercedes, pay for the insurance, pay her cell phone bill , pay for her dry cleaning and gas card ???

Can someone please help me with these answers asap !!!! I can not seem to find a decent attorney around these parts willing to or able to answer my questions.

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Theoretically, a "Trust" was created for the benefit of your father, if your father died Intestate, without a Will, then the property he would have heired to, would be divided according to Lineal Descendacy in most states, Federal Law concurs as well.

 

A couple of problems here. First, nothing in the OP’s comments support the idea the the grandmother created a trust for the benefit of the father. Rather, she “willed” the property to him, which suggests an outright gift of the estate property to the father. Second, the law of probate is a state law matter; federal law does not address it and, generally speaking, federal courts will not hear cases based on probate. Moreover, what most states would do is not all that helpful here because unlike the other states, which base their probate law on English law, Louisiana's law is based on French law, and as a result the probate law there is significantly different than in other states.

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Guest FindLaw_Amir

Can someone please help me with these answers asap !!!! I can not seem to find a decent attorney around these parts willing to or able to answer my questions.

 

From reading your post, it sounds like you have a lot of questions about this trust. Unfortunately, due to the nature of the subject, review by a legal professional is advised. To that end, you may want to consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a lawyer to ask your questions as they come up and the plan also offers discounted legal representation should you need it. You may also want to visit the Estate Planing Center and read Trusts as a good resource to learn more about this subject matter.

 

Disclosure: LegalStreet and FindLaw.com are owned by the same company.  

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