Legal Question in Family Law in Louisiana
Family advice
My mother recently passed away. We are not ready to settle the money after selling everything. One of my brothers hads receipts for a substantial amount of money he has had to pocket to help pay her bills-okayed by everyone because no one else could afford it. Should we divide this amount by all family involved and then split pay each of our shares to him or do we take that amount off the top then split the remaining balance?
1 Answer from Attorneys
Re: Family advice
Unless everything was movable property, in order for you to "sell everything" a succession would have had to be opened. That is where the expenses of the last illness and other debts of the succession are placed. Basically, you add up the assests, subtract the debts/expenses, and divide up the remainder in the percentages each heir is to receive. Simply put, it comes off the top.