Legal Question in Wills and Trusts in Louisiana
My Husband has an Older Brother serving time in Prison in Oklahoma for Murder and a Younger Brother who has sufferd a stroke and will spend the remainder of his life in a Nursing Home in Oklahoma. My Husbands Father passed away about a week or so ago and was married to a MAN...same sex marriage...for 36 years. My husband and I had to pay for the funeral and have spent the past several months going back and forth to New Orleans to help with the care of both my father-in-law and his husband. There is no will in place, from what we know, and we are unsure what the law says in regards to executatorship of my father-in-laws home and posessions. Do we have the right to make the decisions about the home and its contents, and, if there are monies obtained from the sale of the home or the property and it's contents, are we required to put part of it in a trust for both of my husbands brothers?
Thank You,
Liza
1 Answer from Attorneys
Your husband has the authority to be appointed as Administrator of his brother's estate. In that position he can sort out the assets and liabilities of the estate, and be reimbursed for the funeral expenses.
The other questions you pose are a little too complex to answer with the information you supplied, but there are ways to deal with all of these matters.