Legal Question in Family Law in Louisiana

mother had no will whats my rights for her things from her husband


Asked on 4/08/13, 12:26 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

I think I sort of answered this one yesterday. It depends on what she owned when she died. She could have brought property or money or stocks and bonds or vehicles into her marriage with the guy who you call "her husband" Whatever she "brought into the marriage", is her property. Was there a prenuptual agreement? That could affect the succession. If no prenup, then anything they purchased during the marriage is community property and she owns 1/2 of that which would pass to her forced heirs. IE. children. If he had anything whatsoever that was making interest or dividends etc DURING THEIR MARRIAGE, then even though the property/stock/401-k/retirement was his separate property, the INCOME from that property belongs 1/2 to your mom......heck, his monthly income was 1/2 your moms. So, open her succession and figure what she owned, and if you are the only child, then you own it. CAVEAT........it may be subject to a usufruct in the husband's favor......that is, he can use it until he dies OR REMARRIES.

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Answered on 4/08/13, 3:27 pm


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