Legal Question in Wills and Trusts in Louisiana

Estate Succession

My father died in 1991. My mother remarried and died recently. ''Her'' will directs the house and land be left to my siblings and I with my oldest sister designated as the executor. What is my stepfather entitled to? Do we need to open a succession in my father's or mother's name because my father did not have a will when he passed? What are the legal steps we need to follow to resolve this matter? Thanks.


Asked on 1/28/04, 10:01 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

Re: Estate Succession

When your father died in 1991, and assuming that he did not have a will, and that your parents'assets were community property, then at his death you and your siblings inherited your father's 1/2 of the community propery.

Your mother's 1/2 would pass to you and your siblings at her death. Your stepfather would have an ownership interest in any property they acquired during their marriage.

Because real estate is involved, it will be necessary to open your parents' succession.

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Answered on 1/28/04, 10:34 am


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