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Ashleyt2972

Last Will and Testament in Lousiana

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Hi, I have a question that I cannot seem to find my own answer for. I have been researching for a few days, but I need to see if I can get some other advice. I live in Louisiana and my husband and I are living in his grandmother's house and are planning on buying it one day in the future. His grandmother is still alive, but she is living with my husbands mother, which is her daughter, in Arkansas because she has gotten to where she cannot take care of herself living alone. In July, we moved in the house because she didn't want it to be left unoccupied for a long period of time. Now we have a problem, the grandmother's other grandchildren, they belong to her other daughter, are trying to sue her for their mother's part of the estate, she passed away a couple of years ago. I know that Louisiana has forced heirs for either 24 years of age and under, or a child of a decendent who is incapicitated. I wouldn't say she was incapiciated, but she did have to live in a nursing home for almost a year close to where her daughter lived, but she was never declared incapable of taking care of herself. She was a heavy drug user for decades, and she frequently stole from my husband's grandmother to buy her drugs. I know that my husband's grandmother has a will drawn up and is leaving the house to my husband's mother, but with them trying to sue, they could possibly get half of the house, that is really all my husband's grandmother has, her house, and personal belongings that are inside the house.

 

We have property taxes that are coming due next month that is almost 700.00, I don't want us to put money into this house if it is going to be sold out from underneath us, can someone please give me some advice on the laws in Louisiana on this? I don't see how they can sue her for half of her house when she is still alive, but, I have seen some dirty families before and I just want to be prepared and not waste my money on a house that I will end up having to leave.

 

Thanks,

 

Ashley

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There's no such thing as "trying to sue."  Either someone's sued an estate or they haven't.  :)  You don't say suing over whose estate the supposed claim is, but one presumes you mean your husband's grandfather.  When did he die?  For all we know, people are blowing hot air because they misunderstand the law.  Being a drug addict doesn't mean that someone was legally incapacitated (and in LA, that evidently means someone was or was in a position to be appointed the now now-dead daughter's conservator when she was alive, which would mean they'd have control over her person and affairs). 

 

For a legal assessment of a particular situation involving some claim against an estate, you'd really need to consult with a local estate/succession attorney in LA.  (Rather, I'd probably urge the grandmother to do so if her husband's estate wasn't addressed.)

 

Your issue over paying property taxes doesn't make a lot of sense.  Particularly if you're not paying the grandmother fair market rent for the place and she expects you all to take care of maintenance costs in exchange for not paying any rent, $700 doesn't seem a relevant issue to be concerned about vis-à-vis the potential but possibly not actual legal claim situation you describe.  Now if you'd said you'd entered into a purchase agreement or lease with option to buy with the granny thinking she held sole title and there wasn't an issue with her dead husband's estate, that'd be another matter.

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Hi Ashleyt2972,

 

To be a "forced heir" a child must be "permanently incapable" of taking care of themselves -- BUT, Louisiana civil code section 1493 defines goes on to include:

 

"descendants who, at the time of death of the decedent, have, according to medical documentation, an inherited, incurable disease or condition that may render them incapable of caring for their persons or administering their estates in the future."

 

So the other grandchildren might have something to latch onto if, at the time of your husband's grandfather's death, it seemed like your husband's aunt might become incapacitated in the future. I believe this requires medical documentation.

 

However, much depends on the wording of the grandfather's will, how the house is held, and the state of the aunt's health at the time of the grandfather's death. Those are very specific questions, it would probably be in your best interests to discuss the situation with an attorney in your area. You can find an attorney through FindLaw's lawyer directory. Good luck!

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We were asked by his grandmother and his mother if we would pay the taxes on the house, apparently she has had a rough year with medical expenses, and they asked us if we could help. At the time, we did not know the cousin was suing his grandmother, which says a lot of his character. She doesn't have a lot, and everything was left to her by her husband, and now everything that she has, is being willed to my husband's mother. Basically what I was trying to find out, and all I wanted to find out, was, does he have a leg to stand on? That is the only question I was needing answered.

Thanks for the replies.

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