Legal Question in Wills and Trusts in Louisiana
Heirship
My questions is: My husband, brother and 2 sisters were raised by a step-father whom claimed them on his taxes, along with a 1/2 brother whom is for the mother and step-father. The step-father is now deceased and we would like to know about heirship. Are the 4 children raised by the step-father and claimed on taxes entitled to any of the step-fathers shares? Also would the 1/2 sister not raised in the home or by step-father come in on the step-father's share?
Also the step-father has taken a loan which is against my mother-in-law's home for his & her son. The property in which the son is living on holds no loans and is property the loan was originally taken out for him. If the note is not paid by the son will the other children be held liable for payment?
1 Answer from Attorneys
Re: Heirship
Unless there is a will, only the natural (by birth), legal (the husband of the mother at the time of birth is presumed to be the father of the child) or adoptive cildren of the deceased inherit. Any person who does not inherit assets generally does not inherit debt. Any heir who is concerned about the solvency of the estate can require an accounting before accepting the estate.