Legal Question in Wills and Trusts in Louisiana

Succession of intestate

My father died 32 years ago and left no will.My mother did not open succession. At the time of his death, all my parents possessed was their home. I have one living sister. I had one brother who died after my father, but before my mother. My brother left everything to his wife in his will and nothing to his children. My mother died last month leaving everything in her will to my sister and I. I am the executrix of her will and plan to open succession for both her and my dad at the same time. Question: will my father's portion of my parent's home go to my sister, myself and my brother's children, OR my sister, myself, and my brother's wife (since my brother left everything to her)?


Asked on 11/05/03, 3:51 pm

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

Re: Succession of intestate

You will need to discuss this with the attorney who does the successions, but, based on the information you give, the assets should pass as follows:

When your father died, his one-half of the community assets were inherited by you and your siblings, in equal portions. Your deceased brother'sortion will pass according to his will.

Your mother's portion will pass according to her will, to you and your sister.

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Answered on 11/05/03, 4:17 pm


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