SRS OT LOLyer Crew. Question on dead family member

Mrfrosty

Club Astros member #0001.
OT Supporter
Nov 3, 2008
17,626
Metry, LA
So I've been trying to get started on my dad's succession stuff. I can't get the bank to tell me how much money he had in the bank without going through the entire process. However, I'm seeing in Louisiana that anything under 5k (which I'm like 99.8% sure is going to be the case) falls under small estate. Here's what I was able to find. I highlighted the applicable parts for me.

Probate E book Louisiana said:
CAN A LOUISIANA SMALL SUCCESSION AFFIDAVIT BE USED TO DEAL WITH THE PROPERTY?
If the estate qualifies as a small succession, the next step is to determine whether a Louisiana
Small Estate Affidavit can be used to transfer the property. If so, a court proceeding may not be
required.
Louisiana law allows the transfer of a small succession property by affidavit (i.e., a court
proceeding will not be necessary) if:
• The estate qualifies as a small succession;
• The decedent either died without a will while domiciled in Louisiana or died with a will
while domiciled in another state if the will was probated in the another state; and

• The decedent’s sole heirs are his or her descendants, ascendants, brothers or sisters or
descendants of brothers and sisters, surviving spouse, and/or beneficiaries of the
decedent’s will that was probated in another state.
If the estate meets these requirements, it can be disposed of by a Louisiana Small Estate
Affidavit. The form of the Louisiana Small Estate Affidavit is defined by law.
Note: Although Louisiana’s Small Estate Affidavit law authorizes third parties (such as banks or buyers of
real estate) to rely on the affidavit, it does not force them to do so. Third parties, such as transfer agents
for stock, will often require a Judgment of Possession before releasing the property. Because of this, the
Louisiana Small Estate Affidavit doesn’t always do the job. Some sort of judicial proceeding (usually
without administration) is often required, even when a Small Estate Affidavit technically could pass title to
the estate assets.
Louisiana law has special rules about who must sign the Louisiana Small Estate Affidavit. These
rules differ depending on the decedent’s family situation:
• If the decedent had a surviving spouse, the Small Estate Affidavit must be signed by the
decedent’s surviving spouse and at least one of the decedent’s adult heirs.
• If the decedent did not leave a surviving spouse, the Small Estate Affidavit must be
signed by two adult heirs.
• If the decedent only had one heir, the Small Estate Affidavit must be signed by that heir
and another person who has knowledge of the facts listed in the Small Estate Affidavit.
If any of the heirs listed in the Small Estate Affidavit are minors, their natural guardian (called a
tutor in Louisiana) can sign the Small Estate Affidavit on behalf of the minor heirs. The natural
guardian will usually be the child’s surviving
parent.

Basically he died here. I'm the only heir. Highly likely his drunk ass had a small estate. Would this be easy enough for me to do or should I go and blow 2-4k to probably end up losing money? Only reason I'm even entertaining this is because he always claimed to have insurance, but that has turned up nothing so far. So I'm trying to get ahold of his bank statements.

Tl;dr. Dad was poor. I want his bank statements but don't wanna lose money LOL
 

stevezissou

OT Supporter
Jul 15, 2009
40,940
US
So I've been trying to get started on my dad's succession stuff. I can't get the bank to tell me how much money he had in the bank without going through the entire process. However, I'm seeing in Louisiana that anything under 5k (which I'm like 99.8% sure is going to be the case) falls under small estate. Here's what I was able to find. I highlighted the applicable parts for me.



Basically he died here. I'm the only heir. Highly likely his drunk ass had a small estate. Would this be easy enough for me to do or should I go and blow 2-4k to probably end up losing money? Only reason I'm even entertaining this is because he always claimed to have insurance, but that has turned up nothing so far. So I'm trying to get ahold of his bank statements.

Tl;dr. Dad was poor. I want his bank statements but don't wanna lose money LOL
Does he own any real property?

Start with these tips trying to find a life insurance policy


If above doesn't work you can start a life insurance search with the state through here.


Check his bank statements/mail for potential payments he would have made to the life insurance companies.

Did he have any liabilities?

Source = not a lawyer
 
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Mrfrosty

Mrfrosty

Club Astros member #0001.
OT Supporter
Nov 3, 2008
17,626
Metry, LA
Does he own any real property?

Start with these tips trying to find a life insurance policy


If above doesn't work you can start a life insurance search with the state through here.


Check his bank statements/mail for potential payments he would have made to the life insurance companies.

Did he have any liabilities?

Source = not a lawyer

Thanks.

He has a shitty truck that's worth less than the repairs will be. I just want to donate it.

Waiting on California to let me know about any insurance still. I couldn't really care, I just want to know he lied for years about this so I can be done and know there's nothing hanging over me from him.

Been checking mail religiously. He stayed at one of my places. Haven't had any luck with statements. But he also still had a lot of stuff registered in California.

Unsure on liabilities. But probably not. He was a drunk who was disabled.
 
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Mrfrosty

Mrfrosty

Club Astros member #0001.
OT Supporter
Nov 3, 2008
17,626
Metry, LA
im sorry for your loss
:werd:
He sounds pretty broken up abuot it. :sad2:

Thanks guys. This happened in June. I'm over it. He was a drunk and I had a weight lifted off me. I just want to close this shitty chapter and never think about it again. I don't care if he has insurance or whatever. I just wanna know he's a lying sack of shit my entire life, more than I already know. I busted my ass to not be like him.
 

phatguy88

OT Supporter
Nov 8, 2005
22,711
boston
My dad passed unexpectedly a few years ago. He was divorced from my mom and unemployed. It wasn't worth it to even apply to be the executor of his estate :hs:

Sorry bro
 

BigT

Hobo Crew
Nov 4, 2001
25,973
Trailer park
My dad passed unexpectedly a few years ago. He was divorced from my mom and unemployed. It wasn't worth it to even apply to be the executor of his estate :hs:

Sorry bro

so what happen his assets/belongings? NoT being a dick, I’ve never had to deal with this.
 

phatguy88

OT Supporter
Nov 8, 2005
22,711
boston
so what happen his assets/belongings? NoT being a dick, I’ve never had to deal with this.
We literally parked his older ford explorer (barely running) in a shopping plaza lot until it got towed. Nothing else we could do since it wasn;t worth it to try to keep the car
 
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Mrfrosty

Mrfrosty

Club Astros member #0001.
OT Supporter
Nov 3, 2008
17,626
Metry, LA
My dad passed unexpectedly a few years ago. He was divorced from my mom and unemployed. It wasn't worth it to even apply to be the executor of his estate :hs:

Sorry bro

That's the problem I'm in. I know he didn't have money. He made $1128 a month from Social security. Other than that he used to get a 4k check in November for something. Idk what. But that's probably gonna end up fucking me, unless the bank returned it.

Saw your other one about the SUV. I may end up doing that. He had an 03 Ram that needs a ton of work. But I may just say fuck it and fix it. Could use it for another maintenance truck for my dude
 

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