Legal Question in Elder Law in Louisiana

Living Trusts considerations for pending settlements

My father was the plaintiff in 2 lawsuits at the time of his death: 1) a slip-and-fall negligence suit in which he broke his hip and became permanent disabled; and 2) a suit regarding disputed real estate that was sold without the rightful heirs (his family) being notified or compensated.

My mother now wants to establish an individual living trust for her estate to avoid probate when she passes. Can we name the intangible benefits of these 2 pending suits in her living trust? If we can put these intangible assets into the trust, should we treat them as ''her property'', as ''joint property'', or property owned by my father?


Asked on 1/06/05, 5:23 pm

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Re: Living Trusts considerations for pending settlements

These claims are legal causes of actions, rather than assets (like a bank account would be). They could not be transferred into a trust.

Since your father is deceased, these claims will have to be persued by his estate representative (executor or administrator), so there is no way to avoid having to open your father's succession.

Once these claims have been resolved, your mother may consider transferring her assets into a trust.

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Answered on 1/06/05, 6:03 pm


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