Legal Question in Real Estate Law in Louisiana

How would succession work if you had 3 children with one woman who dies and then that man re-marries and had 2 more children with his 2nd wife and then he dies. No succession was open when either person died. His 2nd wife and all his 5 kids are alive and they are selling 2 acres of property worth 1 million dollars. How would that money be split? Property was purchased by husband and wife in 1st marriage.


Asked on 10/06/10, 9:05 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Successions will have to be opened before the property is sold or the buyer will not do the deal. Basically, and this is a very simple answer based on the simple question, here is what would happen. Of course we assume no wills. When mother dies, the 3 children would inherit her 1/2 interest in the property, or 1/6th each in the whole piece. When dad dies, All 5 children inherit his 1/2 interest, or 1/10th of the whole piece. To figure the shares you need to figure the lowest common denominator. That would be 30. So, each of the 5 would inherit 3/30ths of the whole through father, and the first 3 would each get 5/30ths of the whole through the mother. In the end, the first 3 would get 8/30ths each, or 24/30ths total, and the other 2 would get 3/30ths each. Each 1/30th is worth about $33,333, so the frist 3 would get about $266,664 each and the other 2 would get about $99,999 each. Give or take a few pennies, court costs and attorney's fees.

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Answered on 10/12/10, 2:24 am


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