Legal Question in Wills and Trusts in Louisiana
my mother was married three times with children from all three marriages. My mother and stepfather have both deceased. I am a child from the first marriage. My mother passed in 1998 and my stepfather just recently. There are 2 children from first 2 children from second and 3 children from last marriage. No c=succecessation was done on my mother. There is a sizable mount of land and house and about 30000 in cash along with alot of farm equipment. My question is what percentage does each child get from all the community property in Louisiana?
2 Answers from Attorneys
A succession needs to be done on both. One half of the community will go to all your mother's heirs. All of her separate property will go to her children. This is if there is no will. Your stepfather's half will be split between his heirs, unless a will states otherwise.
Basically Ms. Lucas has said it all. However, you do not speak about the other Husbands of your mother, so I assume they are not at issue. Your mom had 7 children, they divide her portion of the community and her separate property equally 7 ways. If there are no wills and no adoptions, then you get 1/7th of your mom's share and the 3 children of your step-dad get 1/3 each of his share and 1/7th each of their mom's share.
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Are stepchildren legal dependents upon death of stepfather? Asked 12/25/10, 1:46 pm in United States Louisiana Probate, Trusts, Wills & Estates
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