Legal Question in Family Law in Louisiana
Heirship
My widowed mother died in November 2001 without a will. My oldest sister lived with and took care of my mother. My youngest brother died in July of 2002. My sister that lived with my mother died in September of 2002. The remaining family members consist of 2 sisters, 1 brother and myself. Who owns the property left by mother? Does my sister-in-law (wife of my deceased brother) have any rights or claims to the property left by my mother? How do we go about getting assets out of my mothers name and dividing the assets? Who becomes executor of my mother's estate if she did not have a will?
2 Answers from Attorneys
Re: Heirship
If the deceased children had no wills either, then their (the childrens') intestate heirs (most commonly their children) would inherit their share.
If those grandchildren do not exist, then there are rules governing that inheritence.
Contact a Lawyer immediatly.
Re: Heirship
THIS IS A VERY SIMPLISTIC ANSWER WHICH COULD CHANGE IF ADDITIONAL FACTS ARE DEVELOPED.
AT YOUR MOTHER'S DEATH, EACH OF HER CHILDREN BECAME OWNER OF 1/6TH OF HER PROPERTY.
WHEN YOUR SISTER AND BROTHER DIED, THEIR 1/6TH WOULD GO FIRST TO THEIR CHILDREN, OR TO THEIR GRANDCHILDREN IF THEIR CHILD PREDECEASED THEM. AND IF THEY LEFT NO CHILDREN OR GRANDCHILDREN, THEN THE 1/6TH WOULD BE DIVIDED AMOUNGST YOU, YOUR BROTHER, AND SISTERS. YOUR SISTER IN LAW HAS NO RIGHT TO INHERIT THE SEPARATE PROPERTY OF HER HUSBAND UNDER THE CIRCUMSTANCES YOU PRESENTED.
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