Legal Question in Wills and Trusts in Louisiana

Re: Guardianship/heirship

Dear LawGuru Friend,

Since you did not mention a will, then I assume the decedent (the one leaving the estate) died intestate (without a will). If so, and he had no children (descendants), then his estate would go, according to the Louisiana laws of intestate successions, to his brother(s) and/or sister(s) and/or his mother or father. Of couse, assuming that one of these brothers or sisters, or one or both parents may predecease the decedent (one leaving the estate), then the part which would have gone to a brother or sister, would go to the deceased brother or sister's child or children (by representation). Same applies to the parents who may both pre-decease the decedent (one leaving the estate.) If only one of the parents was deceased, then the other parent would receive that deceased parent's share, the rule being that when ascendants inherit by the laws of intestate successions, that the parents or parent in the first degree cut off ascendants in a more remote degree and receive prior to more remote ascendants. Each generation is a "degree". The laws of intestate succession in Louisiana are relatively simple, yet one must study them and make notes so as to fully understand them. Good luck to you and/or your family in this situation! I am not soliciting your business, but if I can answer any other questions for you, please feel free to call me. No charge for just talking. Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

P.S.: Now I am a little confused in my mind right now as to when there are no descendants (children nor grandchildren), yet there are collaterals (brothers and sistes and descendents of these) and ascendants (parents and grand-parents), whether the estate is divided between the collaterals and the ascendants, or whether the collaterals get it all. It's been along time since I've looked at the law on this, but I hope to do this soon and come back and supplement this answer. I am sorry if I have confused you. In other words the question I have in my mind is whether collaterals cut off ascendants, or whether the estate is divided half to the collaterals and half to the ascendants. Again, as I said, I hope to find the answer to this and post it shortly by supplementing my answer here. You see, we lawyers don't always know the anwers; but at least we know to reseach the law and to find the answers. HARDY PARKERSON