Legal Question in Wills and Trusts in Louisiana
I am the 4th child of 6 children and my father is wanting to put me in charge of all his assests. He is currently blind and doesn't want any of his children to take what he has left. He is wanting to do a Living Trust, is this the best method to do to protect him in what he wants?
2 Answers from Attorneys
Probably not. Setting up a living trust and transferring assets into it is not an easy job.
Better, and a lot less expensive, would be for him to:
1. Give you a power of attorney.
2. Do a will and appoint you as Executor.
This would give you maximum control, now and after his death, without taking assets out of his name now.
I agree with Mr. Maguire about the living trust. A power of attorney is the best and he can leave everything he has to anyone he wants, including you, so do the POA and the will to correspond with his wishes. Extra witnesses are needed for a blind person to execute legal documents. As a matter of fact, if he owns everything himself, he can donate it all to whomever he wants, including you, right now. He can have a provision that he is taken care of during his lifetime.
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Can you do a judgement of possession without an attorney Asked 3/28/10, 2:53 pm in United States Louisiana Probate, Trusts, Wills & Estates