Legal Question in Wills and Trusts in Louisiana
Heirs of the deceased
The will reads, ''I direct that any and all real property which I own at my death be divided into four equal portions and be bequeathed unto Name 1, Name 2, the Name 3 heirs and Name 4.'' Name 1 and Name 2 preceeded the owner of the will in death. The will was not changed to note Name 1 and Name 2 heirs. Are the heirs of Name 1 and Name 2 entitled to their portion of the will, even though the word ''heirs'' is not mentioned with their names? Or because of the wording, does it leave the heirs of Name 1 and Name 2 with nothing? Thereby leaving the estate divided equally between Name 3 heirs and Name 4.
1 Answer from Attorneys
Re: Heirs of the deceased
While I won't advise you on all of the remifications of a will that is not before me, as a general rule in La., when a legatee predeceases the testator, that individual's bequest passes on to his or her heirs in the following order...first descendants (children), second ascendants (Parents, etc.) and thirdly collaterals (brothers and sisters).
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