Legal Question in Wills and Trusts in Louisiana

Heir to will is deceased

Grandma and Granpa had 3 children, oldest son died prior to his parents. Grandpa died in 1980, his will left everything to Grandma. Grandma died in 2001, her will left all to her reamining two children. Here's the thing, the second son died prior to Grandma, but Grandma had Alzheimer Disease and was not competent to change her will. Do the descendants of the two deceased sons stand to gain on behalf of their parents? I heard about a change in heirship law, but I don't know anything about it.


Asked on 6/07/05, 10:44 am

1 Answer from Attorneys
Perry Staub Taggart Morton

Re: Heir to will is deceased

As a general rule, the surviving residuary legatees would receive the share of a predeceased legatee. The Louisiana Civil Code makes an exception, however, in the case of descendant children or grandchildren that permits them to inherit by representation of their parents. So, in the example that you describe, both the surviving child named in the will and the children of the predeceased child named in the will would share the estate.

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Answered on 6/07/05, 2:05 pm


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