Legal Question in Wills and Trusts in Louisiana

step father wants a cut of my father's estate

My father passed away recently. Sucession has been opened by my step-mother. My step-father(for 25 years) told me tonight that my father was behind in child support twenty years ago and a lein was placed on his property. Do I have to pay him out of my inheritance? My step-mother wants to buy my share of the property. I guess I can't believe that my step-father would still be trying to make money off of me when I'm thirty five. What do I do?


Asked on 5/07/04, 1:41 am

2 Answers from Attorneys

Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: step father wants a cut of my father's estate

Assuming there was a judgment for back child support, that judgment would prescribe (be unenforceable) after 10 years, unless it was reinscribed, which would make it good for another 10 years. Since it was 20 years ago, your mother would possibly have had to have it reinscribed twice for it still to be good. You need to check the court record and the mortgage records of the parish where the child support order was issued to see if this was done. Also, are you the only heir or not? As if there is a valid judgment, each heir would be responsible for their proportionate share out of their share of the estate. I suggest you consult an attorney in that parish to help you, since there appears to be some pretty complicated issues in your case.

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Answered on 5/07/04, 8:00 am
Andrew Casanave Andrew M. Casanave

Re: step father wants a cut of my father's estate

Any claim belongs to your mother individually, not your step-father. Also any lien would come with paperwork. Tell him you want a certified copy of the lien. If he produces something, give it to the lawyer for the estate and tell that lawyer that you don't believe that it is valid. A valid lien should probably be filed in the mortgage records and can be verified.

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Answered on 5/07/04, 8:10 am


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