Legal Question in Wills and Trusts in Louisiana

Hi,

My dad just died in July. He owned a house that him and my step mother rented out. Now that he is gone, we feel the house should go to his own kids not our step mom. Does LA require a succession and would we be notified if so? We have not heard a word. She has never lived in the house. Thank you!

The house was our childhood home. We don't feel like she should have part in it especially if she gets married then he would benefit from my dad's house and we get nothing. He did will everything to her.


Asked on 8/22/10, 6:07 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

When real property is involved, that is land and attached buildings, a succession in normally necessary. If the children are all over the age of 23 and have no disabilities, a person can leave all of their property through a will to their present spouse. The home you are describing, would have been separate property which would have gone to your father's heirs had he not left it to your stepmother in the will. You will not be notified if a successsion is filed unless you file a document requesting to be notified. You can also file the succession if you feel that a legacy may have been left to you or your siblings. The will controls the disposition of property as long as it was properly prepared.

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Answered on 8/28/10, 5:07 am


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