Legal Question in Wills and Trusts in Louisiana

Dad passed away. He was recieving money from asbestus suit. Is step sister and or step mother get money. The suit is about company he worked when my brother and I were younger before my dad married my step mom. Is step mom and step sister entitled to funds. The state involved is Louisiana


Asked on 10/27/12, 10:53 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

It depends on a number of things. First and foremost it depends on the settlement documents. Many settlements guarantee monthly payments for so many years and then keep paying as long as the recipient is still alive, but stop at the death of the recipient. If your dad died before the guaranteed payments were still owed, then it depends on who he named in the paperwork as his beneficiary. If he named no certain persons, then it goes into his estate. If he had a will, then that determines who gets it. If the payments had no named beneficiaries, and he had no will, then his natural children and adopted children would share the payments. If any of the payments are considered to be community property, then the wife would get her share.

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Answered on 10/27/12, 12:36 pm


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