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
  • 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
119 Questions Answered

Q. Can a surviving spouse claim full ownership of home and sell or donate it if there is no will for deceased partner, La.?
A: Depends on several factors - was the home community property and did Decedent have children? Even if the home was community property and the Decedent had children, then, under LA default, intestacy law, the children inherit the decedent's former half interest in the community property, but subject to a legal usufruct in favor of the surviving spouse. Still, it is not the same as the surviving spouse being put in "full ownership." If there are no children, then, the surviving spouse may succeed in full ownership of former community property. You will likely need to discuss all of these factors, and your specific circumstances, with counsel well versed in probate to obtain a more precise recommendation for proceeding.
Q. My mother is hospitalized and medically incapacitated. Can I establish a conservatorship/guardianship on here behalf?
A: Yes. It is called an interdiction and is still a civil suit. But, if you can provide medical evidence/affidavits as to condition and all of the heirs - spouse and children are in agreement, it can make the process much more smooth, especially for your mom, who will be the Defendant. The court will ultimately make a decision on whether to strip your mother of her rights to contract and make decisions for herself. The court does not take that decision lightly and will want to not only review the medical evidence, but question the heirs, and also question/see the Defendant, even if the Defendant is hospitalized.
Q. My father passed away in 2010. He was married. He purchased a home in 1992 when he wasn't married. what are my rights
A: Any interested party can open a succession. You are a descendant and therefore, can open succession. In opening succession, you can request that the court issue an Order for a search of the Will. Of course, it is always easier and less costly, if all parties cooperate and if there is a Will, have it presented to a court. If there is a valid Will, then, your father's property will be transferred in accord with its terms. If there is no Will, then, separate property (property purchased before the marriage) goes to his descendants with no interest to the surviving spouse. And, even the former one-half interest in community property of the Decedent goes to his descendants, but that interest is subject to a legal usufruct to the surviving spouse. You should contact counsel well versed in succession law to discuss all of your specific circumstances and to obtain a recommendation for proceeding.
Q. Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?
A: An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession. However, it must meet statutory form requirements and you will need to discuss your circumstances with an attorney well versed in probate to confirm that you can proceed that route. Both separate and community property can be addressed in the Affidavit. Then, for immovable property, the Affidavit and death certificate get filed in conveyance records for each parish where property is situated. Best of luck in proceeding.
Q. How can I get a copy of my father's will? Stepmother has tried to change it right before her death.
A: Any interested party can open succession. Since your father is the decedent, you can open and request that the court order a search for the Will, or that you be appointed the succession rep until a Will is produced. You need to contact counsel well versed in probate to better discuss your specific circumstances and to obtain a more precise recommendation for proceeding/
Q. How do I prove to an outside party, such as a bank, that I am named as executrix of a Louisiana handwritten will?
A: You have to probate the Will/open succession. You can either be appointed Executrix, if administration is necessary. Or, if you meet the requirements, you may not have to administer the estate.
Q. How do I report a notary for not filing my father's will at the court house?
A: Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could proceed this route and this would be the proper way to proceed. Counsel can also place a call to the attorney/notary that drafted, but a failure to provide the will may indicate that you are not a beneficiary under the Will. You should contact probate counsel local to you to assist in the process and to get a more precise recommendation for proceeding given your specific circumstances.
Q. Louisiana - Stepfather dies without will. Mom resides in home that was gifted to stepfather. Succession?
A: Because the Decedent did not have a Will and it appears the value of the estate is under $125k, a small succession affidavit can be done with an attorney. However, the Decedent's children will stand to inherit, as it appears the land/home was the Decedent's separate property. Potential leverage is that the mom may have a reimbursement claim; may have been keeping up most repairs/expenses. If all agree to do the succession, an Act of Donation (or sale) to the mom could also be done, but of course, all parties have to reach agreement on proceeding that route and to forego a judicial succession with formal reimbursement claims.
Q. I have a question about Louisiana probate law and succession.
A: Unfortunately, there are a lot of factors still requiring answers and too much time may have already passed. First, if the father passed back in 1954, succession was likely opened long ago. If there was a testament, the prescriptive period to contest a Judgment probating a testament is 5 years. Then, if you thought any ill practice/fraud occurred, the time period to annul a Judgment after the discovery of the wrong is only 1 year. Thus, those timelines may have passed. In addition, would your birth father have had any reason to know he had another child? Perhaps, you can hire counsel local to the area of the father's death/Parish where the succession would have been file to take a look at the succession and allegations of fact, but, given the potential timeline and potential lack of knowledge as to other children, there may be very little that could be done.
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Contact & Map
1795 W. Causeway Approach
Suite 103A
Mandeville, LA 70471
USA
Telephone: (985) 951-2177