Legal Question in Wills and Trusts in Louisiana
How to start a succession?
How does one start a succession and what is the impact of the succession if a man has been married twice and has children from both marriages? Does the children from the first marriage of a deceased mother have more controlling rights than the children from the second marriage? If the children from the first marriage agree to sign over their part to the stepmother(they were never adopted by the stepmother), how much will they be entitled?
2 Answers from Attorneys
Re: How to start a succession?
Did then deceased have a will?
This could be a complicated situation -- I recommend that you consult with an attorney, who will intiate the process for you.
Re: How to start a succession?
Consulting an attorney is best, especially considering the issue of the elder children and step-mother.
That being said, unless there is a will, the children all inherit equally, whether they are from the first, subsequent or no marriage.