Legal Question in Wills and Trusts in Louisiana

Living trust

Hello, My mom ,dad and I ( in this order) have a living revokable trust for our home here in Marrero, La. My mother died in Jan of 06. Well my dad is now in the middle of a law suit due to the insurance co refusing to pay out for the damages done by Katrina. The house is basically a structure. The attourneys are saying we have to go through sucession in order to recieve any monies for the home b/c my mothers name was on the home. Which the checks would be made out to her and my dad. So dad can not cash the checks with out her signature , Problem: I have 3 brothers and sisters whom were left $1 in the trust. Why would we have to go through sucession if the house is in a trust? Is'nt that the point of the trust? to avoid all of this confusion? Of course my sibblings are all for sucession... thinking that they are entitled to a cut of her half of the home. My sister swears that dad will get a cut and I will get a cut and moms cut will b split between the kids. Can you please shine some light on this matter for me? ..... Im also concerned... my parents divorced a long time ago but ended up back together... after being back together the trust was written up. Does that matter ? I just dont know what to think. PLEASE HELP ME!


Asked on 9/13/07, 5:48 pm

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

Re: Living trust

If title to the home was transferred into the trust, then at your mother's death her interest would be transferred from the trust into the names of the beneficiaries.

This would take your mother's name off of the title, and should solve the problem.

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Answered on 9/13/07, 7:35 pm


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