Legal Question in Wills and Trusts in Louisiana

My brother passed and he has some property but he does not have any children he married just before he passed. Who has the legal rights to the property.


Asked on 9/04/09, 3:48 pm

2 Answers from Attorneys

James Maguire James G. Maguire, Attorney At Law

If your brother had no will, his property would be inherited by his siblings. Your parents would have the usufruct (use) of the property.

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Answered on 9/09/09, 4:55 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

I agree with Mr. Maguire if his assumptions are correct. The wife may have some claim either by her own ownership or contributions to the separate property of her husband. If the parents are not alive, then the siblings inherit subject to any claims of the wife and creditors. However, if the amount of property owned by your brother at his death is not very large, it can, and should be settled amicably amongst all of you. Be careful if your brother had debts that equal or are worth more than the assets.

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Answered on 9/09/09, 6:24 pm


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