Legal Question in Family Law in Louisiana

My father and mother were married and had three children (1 boy, 2 girls). My father passed away and my mother bought a house for her and the three older children. During that time, my mother had 2 more children (2 boys) with someone else. My mother passed away 4 years ago with leaving a will. Two weeks ago, my sister passed. How do we go my opening a succession and who gets what?


Asked on 1/26/10, 9:18 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

I am a bit confused. You said your mom and dad had 3 children and after your father died your mom bought a house for her and the 3 older children. Did she have more than 3 children at that time? It really does not matter how many children she had when discussing her succession because you all share equally. You also say she died "with leaving a will" but I assume you meant "without" leaving a will. The children of your father would inherit his portion of the community property acquired with your mom subject to her use of that property. However, unless there is still some property that he had an ownership in when he died, you probably need not open his succession. You need to see an attorney who does succession work and he will straighten it all out for you.

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Answered on 1/31/10, 10:05 am


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