Legal Question in Wills and Trusts in Louisiana

my daughter is 12, years old and while she was visiting her father, my ex-husband (I was his only wife ever) he died Thursday. She is his only child, making her his closest relative. He does have a large family though, and his siblings are handling his affairs. I had to go pick her up from New Orleans (I'm in Baton Rouge 1.5 hours away) when he passed. My mother instructed me to have my daughter clean out her room of all her things she wanted, his family said no, they will bring her her things at a later time. The other issue is we have paid over $3k for my family to take a cruise next week for over 2 months now, my daughter is looking forward to the trip, so we asked his family to work with us around the trip, because I want my daughter to be there of course at her father's funeral. They told me every thing is going to be centered around what is best for his mother even if it would mean my daughter missing the funeral if she chooses to go on her trip. Is there any way we can force them to work with my daughter's schedule too? My other question is he didn't have much however, he did have a nice sized rented house, fully furnished with many electronics and a car that was paid for in full. How can I make sure my daughter gets what is justly due to her, her inheritance. I don't think he had a will, he may have had insurance though. Our break up was bad, but later his family found out there was truth in my abuse accusations which they had firmly upheld he had not done at first, but he later admited to them he had abused me and they became more civil with me, I still think though they won't be fair to her thinking it will benefit me. He was suppose to pay his child support Friday and promised her a couple hundred for her trip, she has asked me with that in view, mom what happens to the money my daddy had in the bank, he said he was gonna get my money out the bank Friday for me when he got the child support money for you, can I still get my money from my daddy? I know she can't right now, but my point is she is asking, and his family is going to say it's me I know. At any rate how can I assure she does not get cheated. I know he does not have much, but he does have something his account because he just got a nice sized severance from his job that ended. His words to me when he informed me he was no longer working was, don't worry I got enough to take care of my needs and child support for at least 6 mos, that was about a month ago


Asked on 6/26/10, 9:17 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

As legal custodian of your daughter, the only legal heir of her father if he had no will, you need to step up and take control. The daughter now owns everything her dad owned if he had no will, so his siblings taking control is not legal and could be detrimental to your daughter's rights. You need to find an attorney in New Orleans right away and file the necessary paperwork to exercise her rights and enjoin his family from doing anything. You should also contact the funeral home and find out what is going on letting them know you are speaking for your daughter. Even if he had a will he could not write your daughter out of it.

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Answered on 6/26/10, 12:40 pm


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