Legal Question in Wills and Trusts in Louisiana

My mother remarried a man who owned a home. After the marriage, money was borrowed to pay off his first wife. My mom died several years ago after many years of marriage. No succession was done and we did not get any type of settlement. We have found a handwritten will giving us her part of any community property. Now her husband is being put in a nursing home. His child by his first wife intends to sell everything. Do we have any legal claim to the community property that existed at our mother's death? Woud that extend to the home on which the mortgage was placed after their marriage? Need immediate answer as the step sibling is in a big hurry to get any money and leave to never return!!!!!!!!


Asked on 6/22/10, 6:22 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Children own their parent's interest in any property the parent own at their death, unless there is a will stating otherwise. I am doubtful the handwritten "will" is really a will. But even if no will, you should open her succession if there is property she owned at her death. She owned 1/2 of all community property, and 100% of all her separate property at the time of her death. The kids get her interest unless she left it all to someone else. Get to an attorney in your location.

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Answered on 6/22/10, 4:29 pm


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