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Dation en paiement

An Act in which a debtor transfers ownership of a thing to his creditor in payment of a debt; "giving in payment."

HAVE YOU THOUGHT ABOUT WHETHER THE POWER TO DONATE SHOULD BE IN A DURABLE POWER OF ATTORNEY (MANDATE

Next time you are asked to prepare a durable power of attorney, read it. So often, we as notaries, use forms on a rote basis. It's easy to become complacent with a form which we got from a trusted source, or one that has worked for us in the past, so we use it without constant review. First of all, what is it that makes a power of attorney "durable"? It is the ability of the power of attorney to be valid even after the mental incompetence of the principal. This allows a trusted agent to continue to act on behalf of the principal without the necessity of interdiction and the appointment of a curator. Interdictions require court action and can be very expensive. Because of the continuation aft

DECLARATIONS CONCERNING FRUITS AND REVENUES OF SEPARATE PROPERTY

The Amendment of Civil Code Article 2339 (A) Civil Code article 2339 provides generally that natural and civil fruits of the separate property of a spouse, as well as minerals produced in conjunction with a separate asset and payments arising from mineral leases, are community property. However, a spouse may reserve them as his separate property by a declaration made in an authentic act or in an act under private signature duly acknowledged. As to the fruits and revenues of separate immovable property, the declaration is generally effective when filed for registry in the Conveyance Records of the parish in which the immovable property is located. As to the fruits and revenues of movable prop

Curator

A court-appointed guardian who manages the affairs of another incapable of doing so himself. Universal Citation: LA Code Civ Pro 4561 CHAPTER 2. CURATORS AND UNDERCURATORS Art. 4561. Appointment of curator A. The court shall appoint as curator the qualified person who is best able to fulfill the duties of his office. B.(1) The following persons are not qualified to serve as a curator of an interdict: (a) A person under eighteen years of age. (b) An interdicted person. (c) A nonresident of the state without a resident agent for service of process. (2) Except for good cause shown, the following persons are not qualified to serve as a curator of an interdict: (a) A convicted felon. (b) A person

What if there is no Will?

If someone dies without a valid will, the succession is known as an “intestate” succession. Under these circumstances, Louisiana has default rules as to who inherits decedent’s assets. In the absence of a valid will, decedent’s property will be transferred to decedent’s: • Children, if none then to • Parents, if none then to • Brothers and Sisters; if none then to • Spouse Louisiana law also recognizes what is known as “representation.” Under “representation,” if the decedent had a child who died prior to decedent, the child’s children (decedent’s grandchildren) will inherit from decedent in place of their father or mother who was the child of decedent. “Representation” also occurs in favor

OPEN 24 HOURS

MANDEVILLE NOTARY

Brian J. Rhinehart

712 Carondelet

Mandeville, Louisiana 70448

(985) 727 9692  

SERVICING ZIP CODES:

  • 70448

  • 70471

  • 70470

  • 70447