Legal Question in Wills and Trusts in Louisiana
I am currently living with and taking care of my father who has terminal cancer. He wants to make sure I have his house after he passes but he has no will at this time and his mental state is at a point that I think anything he does legally to make sure I own the home could be contested by creditors after his passing. So my question is, if he passes intestate and owes significant medical bills, would the house be in jeopardy through probate? Do I have any options to help keep the house in succession?
1 Answer from Attorneys
Whether your father has a will or not, his estate (including the house) would be liable for the medical bills, but if he leaves his house just to you it would make the situation more manageable.
I get calls about the mental capacity question, and it usually my judgment call as to whether or not a person is mentally competent. A person does not have to be completely lucid, or have good short-term memory, but must understand in general terms what he or she is doing in executing a will. It is very difficult to prove mental incapacity once a person has passed.
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