Legal Question in Wills and Trusts in Louisiana

Rights for first marriage children

I am a child from a first marriage. My father remarried & had a child, & has been married for over 30 years to my stepmom. They have always had seperate bank & checking accounts. My father inherited properties from his parents. The land is producing gas wells now, many of them, which means alot of money. It has remained a seperate property. Can my stepmom get any of this money? What if there is no will from him? I believe he kept all these properties seperate for a reason. Can children from first marriage, have claims to her seperate properties she inherited from her parents? If something happens to my Dad, with no POA or will, could we still pay his taxes with his money? I believe this to be alot of money & property. My stepmom wants me, to get my Dad to give she & I,equally,POA over him, is this a good idea? If there is no forced heirship in LA, then could children from first marriage have any claims to property they bought together during marriage? What about properties bought during marriage, but in only my fathers name? My father is in bad health, he wrote out a will in his own hand, and had it witnessed, but she may have found it and through it away. I am so afraid of what is about to happen to my family. HELP!

Asked on 1/03/07, 12:36 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Rights for first marriage children

There are so many issues here that I suggest consulting an attorney, preferably one with Estate Planning experience. You could even take your Dad to the lawyer and leave them alone so he can tell the lawyer what to do without pressure. It is, after all, his decision.

Good luck.

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Answered on 1/03/07, 2:01 pm

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