Legal Question in Family Law in Louisiana
Will
My mother passed away in 2000, my dad spent the remainder of the insurance money how he felt. Without offering the children anything. About 2 months later he moved a lady in the house we grew up in. He wanted to refinance the house about 2 years ago, but all 6 of us would not sign a session, but some how he financed the home any way. He made a will last week and excluded 5 of the 6 children. Giving the oldest the house and the live-in woman everything else, including making her beneficiary of the life insurance. Upon his death how can I remove this lady from the home with-out her getting anything from the house? And how can he finance the home without the 6 children signing anything? Even though he gave my brother the home in the will, does the other 5 children still have 1/6 of the home? And what can my brother do with the home, can he sell it? Is the girlfriend entitled to anything even if it is in the will or not?
1 Answer from Attorneys
Re: Will
The insurance money belongs to the beneficiary, so if the insurance when your mom died named your dad as beneficiary, he gets it all.
Your mom's 1/2 of the house belongs to the children if she did not make a will excluding all over 23 years of age. Your father gets the use of it. The insurance will go to the woman if she is the beneficiary. Your dad's 1/2 interest in the house will go to the oldest child and the woman in whatever percentages he decided in his will. He can leave out any child over 23 that he wants to with a few exceptions. So you will still own part of the house and it looks like she will to after your father passes. Open your mom's succession and get that part straight now.
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