Legal Question in Wills and Trusts in Louisiana
Disinhertance of child and grandchild
My husband died 19 years ago.His family lives in Smithdale,Miss.They owned a dairy there.My husband did no to work dairy.His father wasnot happy about decision.His father died about a year after husband.Family called to see what to do about daughters share.Was told to put in trust fund.We heard later she did not receive anything.My question is how did they disinheirt the only living desendt of my husband?We had two children, one died at 19 mts.,the other a girl is now 24.If you could shed some light on this I would appreciate it very much.They sold the dairy soon after father died.Other son was in business with father.Wife still living in home on land, so is sister, and brother of husband . f Sincerly --
1 Answer from Attorneys
Re: Disinhertance of child and grandchild
This is only a general response and you should consult your attorney. The grandfather's estate, and especially any Miss. realty, will pass according to Miss. law. You may hire a Miss. lawyer to look into this probate matter, or visit or call the court house/probate division and do the research yourself. More details need to be known, such as if the grandfather died testate, with a will, or intestate, without. The will, if there is one, would control. Assuming Miss. is a community property state, and grandfather died intestate, one half of the decedents's estate belongs to the wife. The other half belongs to the decedent and he can do with it whatever he wants, assuming no forced heirship and no bar against disinheritence. The wife may also have a life estate over some of grandfather's property, such as a right to use a house for her lifetime.
Lawrence (Larry) Hoffing
New Orleans Law, LLC
12621 River Rd.
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