Legal Question in Civil Rights Law in Louisiana

childrens rights in fathers death

my father passed away in 2007. it is five of us all together. he was married three times and i have 3 sisters and 1 brother what are our rights regarding life insurance policies and succession on his house are we entitled to anything he worked on the railroad for twenty five years


Asked on 12/28/07, 6:13 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: childrens rights in fathers death

I hope this is not a duplicate, but lawguru is saying my answer did not go out the first time. Life insurance proceeds belong to the named beneficiary. If you father left a will, then that controls the distribution of his property. If no will, then if the property is community, then the widow gets 1/2 and the 5 kids divide the other 1/2(1/10th each of the whole). If no will and the property is his separate property, then the 5 kids get 1/5th each. A succession must be opened. Note that if you take the property, you take the debts he left as well. You should call the railroad about those issues. They have their own set of federal laws and rules that goven them. There may be some survivor benefits for the widow and possibly for the surviving children.

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Answered on 12/28/07, 9:14 am


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