Legal Question in Wills and Trusts in Louisiana
Beneficiary not siblings of unmarried sister who responsible
My unmarried sister passed away, did a will leaving her roommate/female companion as beneficiary. She left an unpaid trailer,a paid vehicle upon her death. I've been told as one of her siblings(sister) I am responsible for her debts. Why would I be responsible?I was not named in her will as a beneficiary? Her roommate is the beneficiary on a life insurance policy and a 401k plan(a good sum of money to pay her debts) Her roommate says she is not responsible for the debts because are on my sisters name.I was told I have to sign over the vehicle to her roommate. Why should I have to sign over to her if it was left to her in the will. None of her belongings were left to me in her will, only that she hoped her friend would give us something to remember her by, which she has not and will not until this is all settled. The will has not even been probated yet and the roommate lives in the trailer and drives my sisters vehicle. My other sister has been handling all of my deceased sisters affairs since her death, but has not produced any legal documents stating my responsibility of her debts.
Please advise. Thank you.
1 Answer from Attorneys
Re: Beneficiary not siblings of unmarried sister who responsible
First, a thorough and complete examination of the actual will would be required to determine exactly who is getting what. Under Louisiana law, generally, when someone accepts part of a deceased's estate by inheritance and/or as a legacy under a will, if that acceptance is NOT "under benefit of inventory" (a special process/way of doing a succession), the heir/legatee will not only become legal owner of the property but also responsible for the debts of the deceased. This is a general scenario--NOT ALWAYS THE CASE.
Before it can be determined whether or not you will be/are responsible for any part of the deceased's debts, a thorough and complete review of all facts and circumstances surrounding your situation would be required.
I strongly recommend that you "bite the bullet" and pay a lawyer who handles successions for a legal consultation (c.$50.00 to $150.00) to listen to your entire story, review any and all documents involved (bills, debts, ESPECIALLY the WILL), ask you questions, answer your questions and give you an opinion regarding your legal rights BEFORE time passes too far along. It would be much better for you and your siblings to know your rights now than to wait until the roomate has possibly nearly spent all the funds, lost the trailer to the bank through repossession and totalled the vehicle she's been driving without court authority...
Good luck.
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