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My mother owns an RV Park which she wishes to leave to

Customer Question
My mother owns an...

My mother owns an RV Park which she wishes to leave to myself, her oldest daughter and my two children(her grandchildren). We are concerned about protecting this property from being attacked for division by my siblings (2 daughters and 1 son). They each have their own dog grooming businesses and husbands and mom has set up policies that will give them @37,000 + each except for estranged son. She had almost lost the park at one time due to his financial debts, that she had courteously and trustingly signed for him to the tune of over $ 25,000

Lawyer's Assistant: What state is this in? And how old is the RV?

But he never payed and they came at her for all of it at one time. She therefore considers him paid his cut. She doesn't want the RV Park sold which is in La. and is over 50 yrs old now and well established and running smoothly and efficiently. The other two girls live in La. and youngest in Tx., and really rarely come around except for holidays or in times of medical emergency should there be any. I (oldest daughter & former schoolteacher, now retired) live here across from Park office and currently have power of attorney if needed as wanted by my mother. However, we've been told my two sisters could still come at me for Park division if mom should pass and they would try to sell it and divide it. My mom is adamant that she wants to keep it in the family and passed down to the aforementioned persons- myself and if I die (to my kids-her grandkids). How can we keep it safe from them? Your suggestions?

Lawyer's Assistant: Has anything been filed or reported?

We have filed a will a prior will which she is about to update with an attorney in October, but we don't want to go in blind without knowing our options or options and what they'd mean .

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has life insurance policies that will take care of her funeral expenses, and are giving as beneficiaries the two children and her pay

Submitted: 7 months ago.Category: Legal
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Answered in 7 minutes by:
9/28/2017
Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,116
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 7 months ago
Ok and thank u!
Lawyer: Ray, Lawyer replied 7 months ago

She has a couple of options here.Update her will or do a life estate deed with remained to who she wants to have it at her death.With the life estate she keeps it for life then it passes by deed directly to the named heirs.Either of these are perfectly fine to accomplish this.If she does the deed now there is less chance anyone could attack it because she understood what she is doing and has capacity.It would also allow it to pass directly by deed outside probate.

This is usually done by a ladybird deed, you can ask the lawyer about this option when you see him about the will.

https://www.uslegalforms.com/la/LA-02-82.htm

I appreciate the chance to help you today.Thanks and good luck here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
Would prefer to text.
Lawyer: Ray, Lawyer replied 7 months ago

Thanks let me know if you have more.You might want to do a ladybird deed life estate deal.It allows her the lifetime use and then it goes to you.You know that no one can change her mind or unduly influence her if she does it now.

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Customer reply replied 7 months ago
She is 79 and has been in hospital lately and though she'd say she isn't- is slightly forgetful. Knowing this, could my siblings contest that deed or will and its changes? If so, how can she prevent it. Her mind is not gone and she still performs office duties with no problem. Could they still contest it?
Lawyer: Ray, Lawyer replied 7 months ago

You would be better off doing a ladybird deed and a transfer now.She might decline more, seems like better move to do it now.It also keep taxes lower here because of her age, she cannot sell it she only has life estate you have remainder interest. I would encourage her to resolve this by deed now if possible.

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Lawyer: Ray, Lawyer replied 7 months ago

I will say a little prayer for your mom and you.Thanks again and thanks for rating 5 stars.Have a good weekend.

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Customer reply replied 7 months ago
Hello?
Lawyer: Ray, Lawyer replied 7 months ago

There is a slight delay I am still here, followup please just ask thanks

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Category: Legal
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Experience: 30 years in civil, probate, real estate, elder law

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