Christie Tournet

Christie Tournet

Wills, Estates, and Probate Attorney - Mandeville, LA
  • Estate Planning, Probate, Landlord Tenant...
  • Louisiana
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Summary

With extensive experience in real estate and business management, Christie Tournet & Associates is the consummate business, estate planning, and successions/probate firm. Christie views legal issues through a unique lens and becomes a trusted legal and business adviser.

Practice Areas
  • Estate Planning
  • Probate
  • Landlord Tenant
  • Real Estate Law
  • Workers' Compensation
  • Business Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Louisiana
Languages
  • English: Spoken, Written
Professional Experience
Principal Attorney
Christie Tournet & Associates, LLC
- Current
Associate
Galloway Johnson Tompkins Burr Smith, APLC
-
Estate planning, succession, real estate, construction and employment defense
Education
Loyola University New Orleans
J.D. (2010) | Civil Law
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Honors: Probate Highest Grade Award, LaNasa-Greco Scholarship
Loyola University New Orleans
B.B.A. (2003) | Economics, International Business, Spanish
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Honors: Summa Cum Laude
Awards
The Loyola Law Excellence Award in Probate
Loyola University New Orleans College of Law
Professional Associations
Louisiana State Bar Association
Member
- Current
22nd JDC Bar
Member
- Current
American Inns of Court
Member
- Current
North Shore Estate Planning Council
Member
- Current
Publications
Articles & Publications
Louisiana New Home Warranty Act & The LREC Disclosure Form
CRES Insurance
Speaking Engagements
Estate Planning, Northshore Kiwanis, mandeville, la
Northshore Kiwanis
https://issuu.com/northshorekiwanismandeville/docs/northshore_kiwanis_-_2012-13_award_
Estate Planning, Northshore Kiwanis, mandeville, la
Northshore Kiwanis
https://issuu.com/northshorekiwanismandeville/docs/northshore_kiwanis_-_2012-13_award_
Estate Planning, Northshore Kiwanis, mandeville, la
Northshore Kiwanis
Certifications
Louisiana Statewide Notary Public Commission
State of Louisiana
Websites & Blogs
Website
Legal Answers
68 Questions Answered

Q. Owner on checking accts with mother who passed as well as brother. Do those Accts have to be included in successiion?
A: This is largely a bank decision. If you all are co owners, you may be able to close the account without the deceased appearing. However, most typically, when the bank has knowledge that an account holder passed, it will not want to disburse all funds for which the Decedent also had a right without court order confirming and directing it as to payment to the rightful heirs - the Decedent's "portion" in the account may go by intestacy, or Will. So, yes, the portion of the Decedent's interest in the account should be included with the succession documents and should succeed to the rightful owner.
Q. Louisiana Law, what does it mean when the will says "estate shall pass to my descendants, per stirpes?"
A: Correct and agree with practitioner below. In Louisiana, we refer to inheritances by "heads" - meaning, directly, or "by roots" (same as per stirpes) - meaning the heirs share equally in the intended share/percentage of the pre-deceased child. Given the language above, the legacy of the house alone lapses and goes into the residuary estate, which is to be split by the "descendants" per stirpes - which means that your mom gets her 1/2 share and the other 1/2 share of the residual estate (the remainder after any specific bequests) is divided by your Aunt's children (1/8 each).
Q. Louisiana succession or probate? Administrator of estate? Granny passed with no will ~ Dilemma
A: Yes, you can. Any heir, and even creditors, can open a succession. And, a "verbal agreement" to pass property upon death is not valid. So, without a Will, property succeeds according to default, Louisiana law and depending upon whether the property was separate or community. Here, assuming Granny had separate property and was not married when she passed (since no mention of a spouse above), her estate would be transferred to her descendants. Because her children predeceased her, the grandchildren step in and represent each of her pre-deceased children (Granny's estate would be split 50% as to each of her children's children). So, reach out to probate counsel to further discuss the specifics of your situation and hopefully, the one heir will come around, if he realizes succession is inevitable and the property will pass by Louisiana law, since there is no Will. If the one heir does not come around, you can still open succession, but would then have to administer it and have someone appointed as the representative.
Q. My Dad died in 2014, I have one sister, my step-mom will not file a succession, what can I do?? (No Will).
A: No, any interested heir can open a succession and even creditors can open a Succession. If there was no Will, then your dad's separate property would go straight to you and the sister. If there was community, you inherit your father's half and become co-owners with the step-mom. You would likely have to administer the estate, request appointment to be the administrator, and send asset request letters to the extent that you do not know about all finances other than the likely real estate, cars, etc.
Q. Can the usufructuary sell real estate (rental property) without the consent of the naked owners ?
A: Under a default, legal usufruct granted by law when someone passes without a Will, No. However, by Testament, the Testator can grant the usufructuary the right to sell and the usufruct then attaches to the proceeds. So, whether the usufructuary can sell or not depends upon the type of usufruct granted.
Q. Brother inherited property from grandmother. Brother died intestate. He had 1 minor child. Minor's mother have usufruct?
A: If your brother was not married when he passed, the nature of his property is separate and would be inherited by his children. Problems arise, when children are minors. Because the child has a natural tutor, the mother, she is ultimately going to be responsible for handling the child's inheritance. Without a Will and testamentary trust this is the end result. Still, with opening of the succession, a minor's mortgage can be filed as to the natural tutor to keep her responsible for the value due the child, and with the minor's mortgage, she should not alienate/dispose of property without prior court approval.
Q. What rights do I have as naked owner to assure the value of my portion of the estate under usufruct ?
A: The usufructuary has obligations to prudently administer the property, maintain, it, and perform repairs. The usufructuary can be called (by suit) to answer for losses resulting from his fraud, default, or neglect. La. C.C. Art. 576. So, if the usufructuary has defaulted on these obligations, you can petition a court with jurisdiction of the property to address the issue.
Q. In La, if 3 people are on a joint checking account and 1 of the people dies, do the remaining 2 persons retain acct?
A: Yes, any asset the deceased had an interest in should be considered part of the estate. But, problems with a joint account arise in trying to separate out the interest of each person in the account - including calculating what was the Decedent's interest. Still, with a joint account, each person should be able to withdraw and access money from the account. However, to the extent that a person draws funds not attributed to him/her, the estate can have a claim to that amount. So, just because funds remain in the account does not necessarily mean that the other two signors can keep all the funds. If there is a payable on death designation on the account that also matters.
Q. My dad passed away without will.He promised me a piece of property I've been living on it for 10 years now.
A: How the property should be transferred, since your dad passed without a Will be dictated by whether the property is classified as separate or community. If the land was his separate property, his children inherit in full ownership. If it was community, your mom will own a half interest in her own right and the children would inherit your father's half interest with a legal usufruct to your mom. Because you likely have ownership interest in the property one way or the other, opening the succession will permit the correct transfer to occur and may assist with your mom donating/transferring any interest she might have. Contact local counsel well versed in probate to assist and confirm best course of action after addressing these other factors.
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Contact & Map
1795 W. Causeway Approach
Suite 103A
Mandeville, LA 70471
USA
Telephone: (985) 951-2177