Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I live in Shreveport, La in Caddo parish in a family home

Customer Question
that was about to be...
I live in Shreveport, La in Caddo parish in a family home that was about to be sold in a tax/sheriff sale because no one in the family was paying taxes on it for four years while the owner, my grandmother, was put in a nursing home. My father contacted me, asked me if i wanted to move into the house and look after my grandmother in the nursing home, visit, be make sure that she was ok because the rest of family was failing to do so. The catch was that I would have to pay the back taxes on it which totaled around $1300 for city taxes and about $5500 for parish taxes. I did so, and everyone was so please that the house would stay in the family and was happy that we had it. It had been abandoned so there was much work that needed to be done to a brick home that just sits. Over the next 3 1/2 - 4 years my husband and I would replace floors, walls, ceiling, and literally every room had renovations done to it. Suddenly and sadly, granny died on June 17, of this year 2016. Her will, which all parties were aware of, said that she "devised and bequeathed is my expressed desire that upon my death, my home be immediately sold, cost arising for repairs required to sell and any expenses occurred in the sale are to be decided equally between Joeseph M Reed (my father) and Tessa Hall (my first cousin whom she adopted)". Everyone knew what the will said, Tessa, my father, and I discussed several times the will, and Tessa assured me that "it is you and your family's home, and that it would be a great starter home for your family. I have a home and I don't need it. I'm glad that you're going to have it and keep it in the family." Her brother, and niece also discussed this with her and I separately, and all were in concurrence, just as my father was and still is. Around 10-11 days after Granny dies, Tessa asks me who I have insurance with and beat around the bush and told me not to make anymore changes to the house. She preceded to tell me theta the will said it had to be sold immediately and that there was nothing she could do. Tessa, being the executor of the will, is in fact the ONLY one that can decide to not put it into place. She has furthermore proceeded to Send an eviction notice for September the 26, 2016 and has refused to repay me for any and all work o have done in the home, OR the taxes and penalties we were required to pay, and I have receipts for EVERYTHING. I refuse to believe that this is right, with witnesses to everything and records of everything that she can get away with this. She also filed all paperwork not in the parish in which our grandmother died, and which the estate is in, but the next parish over, Bossier Parish. What is your advice on being able to keep the home, or at the very least get reimbursed for all of the money that we spent, not knowing we'd be put out on the street. Thank you very much.Misty Reed Smith
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 44 minutes by:
8/30/2016
Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 119,524
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the Louisiana courts must enforce a will as written. So if the will calls for the home to be sold the executor must sell the home. HOWEVER, there is nothing saying she could not sell it to you for some minor amount of money or even for $1. If she refuses to do that, you have a legal claim against the estate for reimbursement of all of the tax money paid and all of the repairs you made and if she refuses to reimburse you from the estate you can file a claim in probate court to force her to pay the money you spent on rehabilitating the property and saving it from tax sale.

So I am afraid that if you cannot get her to honor her promises, you will need to give her a claim against the estate for all the money you put into the home, including taxes and demand reimbursement. If she refuses, you need to have a local attorney and file a claim in probate against the estate for payment of money due. If the estate cannot pay what they owe, the court can actually award you the house as payment.
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
My other question is what form do I file for improper venue and domicile of death? My grandmother died and lived in Caddo Parrish but she has filed the succession in Bossier Parrish as will as stating she died in the Bossier domicile. This is not true either. I've just been to the courthouse where she filed and found the petition for probate of will and nobody knew what I needed to file or even give me an amount it takes to file it. I need the forms because they couldn't help me with that either. I'm very hurt and she knows I'm not well off as she is and has the upper hand. She is trying to keep me from filing anything and I'm running out of time because I'm thinking I have a certain window of time. Please help me and point me in the direction of the correct forms I need and can acquire. Not to mention she has a family member running for mayor in Bossier Parrish and knows a few judges. I feel like I don't have a chance.
Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.

You would need to file a motion to dismiss succession based on improper venue and that would cause the court to dismiss and order that she file in Caddo. The clerks will not tell you anything about what to file and they also do not have forms in Louisiana for this because you need a succession attorney to represent you against the estate in the probate challenge. Louisiana law says she has to file in the Parish where your grandmother resided at the time of her death, so that would be Caddo.

If she is related to judges, that would be a second reason to change venue, but you would hold off on that and argue and provide proof she resided in Caddo.
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Her death certificate says caddo and she lived next door in the nursing home which is Caddo as well. Is their a site or are forms available at a library perhaps. I only want to rightfully be reimbursed. But I also don't want to hire someone knowing I haven't got a leg to stand on. She claims I can't get anything back because I didn't pay anything to live there so I should consider it rent, and it's stupid to think I should get anything back. What??? Just don't want to waste time money or even my sanity if I haven't got a chance.
Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.

So you need to file your motion to dismiss succession on basis of improper venue. You do have a leg to stand on and you have a leg to move it to Caddo as well as at the very least recovering all of the money you spent on the estate property. It is not stupid to think you should get anything back, that was not the deal.
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Say I was to offer her $20,000, and she refuses, I can then file for reimbursement? And Is that the same as filing a debt claim on an estate? Can you give me any ideas where I am find any of the forms as well.
Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.

If you want to do that, you can do so. If she is not cooperative, then you would sue. Making such an offer is not a claim, that is a offer of settlement, not a claim for reimbursement.

I am afraid that the forms just are not made available online, you can go to the court library and ask the librarian for their form books which have blank form templates. However, for your claim for reimbursement there is no form, it is simply a letter where you itemize what you are due and attach copies of any receipts.

If she denies you and you want to offer a settlement to buy the house for $20,000 and she refuses that as well, then you have to have a local succession attorney and file your claim for reimbursement in the probate case.
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
it is absolutely necessary that I have to have an attorney? And do I need to file a letter with the court or send it to her. Or should I send it to her lawyer?
Estate Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.

If she is going to refuse to reimburse you or does not want to make a deal with you on the house, yes, you need an attorney. You just send the letter to her for now at first, with a copy to her lawyer. If they deny the claim, you need an attorney and have to go to court against the estate.
Ask Your Own Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 119,524
119,524 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
415 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
415 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I need advice regarding probate / estate law in NYs, I said
Hi..... I need advice regarding probate / estate law in NYs … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
415 satisfied customers
I have a question concerning wills and estate probate. I am
Good afternoon - I have a question concerning wills and estate probate. I am the oldest son with sister and brother. We all live in Florida but different cities and are not close (don't communicate). … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,839 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Are you familiar estate probate laws in Georgia? Oh okay. I
Oh okay. I need a Georgia lawyer experienced in estate probate. I will call one tomorrow. Thank you! … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I am a beneficiary of an estate that is being probated In
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. One of the assets the decedent owned and operated was a small business. The business was not compliant and fi… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I am a beneficiary of an estate that is being probated In
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. I want to find out what my remedies are to remove, sanction or obtain added court oversight for the personal … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTION
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTIONREQUEST 1. What are the options for managing the acquisition of heir property unencumbered while foreclosure procedures are in place by OCWEN,… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,051 satisfied customers
I need to probate a will in TX. The estate is only about
I need to probate a will in TX. The estate is only about 2500.00 and the funeral expenses are about that. I am the listed as executor and on a the bank account. The bank says I need a minument of titl… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,839 satisfied customers
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL ESTATE CURE TO RESPOND TO ORDER TO SHOW CAUSE ISSUE: Show Cause Hearing Action Plan Needed given circumstances noted below.REQUESTS 1. Should I… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,051 satisfied customers
I was wondering if there was a probate/Estate attorney in
Hello there! I was wondering if there was a probate/Estate attorney in Tampa that you could recommend to me? My sister and I met with one and he was horrible. He made us feel like we were monsters and… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
415 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x