Legal Question in Wills and Trusts in Louisiana

My brother recently passed and his ex-wife wants to give my mom all of his possessions, house, car, etc. My brothers son passed away in 2011, but his ex-wife had a son after they divorced, but she claims he adopted the child when he was 3 years old.

The ex-wife has been in touch with me and my mom and she and her son want my mom to have all of my brother's possessions. That she promised him she would look after his mom.

What type of document should I draw up for her to sign. And can she sign for her son or must he sign the document. I want this to be a done deal and not have anyone else challenge what she approves.

thanks, PJ


Asked on 8/10/16, 11:35 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

It will depend on whether or not your brother had a will. If he did, his assets will pass according to the will.

If there was no will, your brother's siblings (you included) would inherit his assets.

Either way, your mother can end up with the assets if all of your bother's blood relatives agree, and sign off on the legal documents needed to get this done.

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Answered on 8/10/16, 11:40 am


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