Legal Question in Wills and Trusts in Louisiana
Initiation of probate process
My widowed mother has property, small house and 1 acre of land, and bank accounts in Louisiana. Since February 10, 2003 she has lived with me in Florida due to declining health due to liver cancer. She has a will (filed in Louisiana) and I am the appointed executor. I read that probate process is initiated in the county of the decedent's legal residence at the time of death. When the time arrives, where do I begin the probate process? Is she now considered a legal resident of Florida? She hasn't registered to vote here nor in Louisiana, neither does she have a driver's license only a LA DMV ID card.
3 Answers from Attorneys
Re: Initiation of probate process
From the information provided it would still be Louisiana.
Re: Initiation of probate process
In addition to doing the usual things such as getting a Florida identification card, your mother would also have to have the intention of staying in Florida and not returning to Louisiana. It seems as though right now, she is still a resident of Louisiana.
Best wishes.
Re: Initiation of probate process
Louisiana would be the appropriate place to have the will probated and the estate proceedings initiated.
Louisiana would have jurisdiction because she owns real estate here. If probate proceedings were initiated in another state, ancillary probate proceedings in Louisiana would still be necessary to deal with the Louisiana property.
From the information given in your question, your mother would still be considered a Louisiana resident even though she is presently living in Florida
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