Legal Question in Wills and Trusts in Louisiana
Grandmother died w/o a will leaving large amount of money. Mother has signature rights and died two years later w/o a will. Father remarried w/in year of death. two yrs later he did succession on mother w/o proper value of residence/land; didn't list money and w/o the knowledge of his 4 grown children. Revoked join POA with eldest son in favor of new wife. Make a will giving new wife portion of his share of residence and Usufruct of entire residence. He originally put the money in an annunity with the grown children as beneficaries but will keep it for his use. He and new wife have been drawing off of it for things they want. New wife is 20+ years his junior and has tried to sever his relationship with family. Do we have any legal rights? Can we have a correct sucession done? Can we get any of my GM money? Help PLEASE
1 Answer from Attorneys
You are not providing enough information. However, you need to talk to an attorney. If your deceased grandmother was your maternal grandmother, then her estate would go to her children if there were any alive. If your mother was the only heir, the estate would go to her as her separate property. When your mother died, this separate property and one-half of the community property would go to her heirs. Your father would have usufruct over the community but not the separate property. Your grandmother's succession needs to be done if not already. You have rights to all of your mother's separate property.