Mike - so parent moved from LA to TX, right? Was TX their last state of residence, their really truly legally last state and are there items to show that (drivers license, real property ownership, homestead exemptions)? If so, and you live in TX in theory you can do their probate if you are named to be executor in a valid will, go on-line or down to deceased county courthouse to see how the probate office runs for the county in which they died. Bigger counties - Harris, Tarrant, Bexar - can do some things on-line. Personally I think although you can do some items on your own if you are comfortable in a courthouse and have your wits about you, realistically you need to have a probate attorney with a practice in the county where they owned property. You can wait a bit as TX allows for 4 years for probate - I'd suggest figuring out the possible distributes list (like maybe 6 months) and then have your probate guy open & present letters. If you live in LA, then you need a Texas agent - which can be TX probate attorney who will handle this aspect but you can still be the out of state executor if so named in a valid will.
If the deceased died in TX but owned property in another state, then you likely are going to have to do some sort of foreign will disposition for LA. LA law pretty much requires LA bar member to do anything as we're French based law. Most larger O & G firms and any white shoe type of law firm will have attorneys who have licenses in TX/LA, LA/MS, LA/AL or LA/OK so they can handle issues for any LA law needs. Usually you present for the parish in which the real property is that there's a foreign will situation and they release to the state of death. But there is specific paperwork to do all this correctly.
If there is no will, then you need an attorney to establish lineal heirship for TX. If there is property still in LA, then LA attorney to deal with that property. There are costs to all this - hope the estate has things of value to warrant the expenses.
Is Medicaid involved in any of this? Was parent at a NH on Medicaid or got any other low-income health or community based care?
I'd suggest you visit (in person or online) the surrogates court/pages for the county in which the parent resided at death. I've settled estates without an attorney, but not in Texas. I found the surrogate's staff to be very helpful with the process. Of course, this all depends upon how much time you have to devote to the project; the complexity of the will and your location to it all. Still (personally) I'd make that first visit on my own to see what is involved.
Did their assets move with them or is there anything left in Louisiana to deal with? I would think an elder lawyer there in Texas would be good for probating everything.
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If the deceased died in TX but owned property in another state, then you likely are going to have to do some sort of foreign will disposition for LA. LA law pretty much requires LA bar member to do anything as we're French based law. Most larger O & G firms and any white shoe type of law firm will have attorneys who have licenses in TX/LA, LA/MS, LA/AL or LA/OK so they can handle issues for any LA law needs. Usually you present for the parish in which the real property is that there's a foreign will situation and they release to the state of death. But there is specific paperwork to do all this correctly.
If there is no will, then you need an attorney to establish lineal heirship for TX. If there is property still in LA, then LA attorney to deal with that property. There are costs to all this - hope the estate has things of value to warrant the expenses.
Is Medicaid involved in any of this? Was parent at a NH on Medicaid or got any other low-income health or community based care?
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