Legal Question in Wills and Trusts in Louisiana

How do I Proceed?

My Father passed away without a will 8 months ago. He owned a company which I think was a LLC. My step mother proceeded to give the company to my brother. Do I have rights to the company? Also can my fathers estate be used to pay off the debts of that company? Do I have a right to the house my step mother owned with my father? Also withen the last month my grandmother passed away, would my step mother have rights to the money going to my father? Thanks for any help you can give.


Asked on 6/07/01, 10:08 am

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: How do I Proceed?

If the company assets or shares ("stock") were owned by your father, under LA laws of intestacy (i.e., no will), you, as a direct descendant/heir of your father, should have a right to some portion of the company.

Can the assets of his estate be used to pay debts of the company? Maybe--it depends on how the debts were acquired (i.e., did he guarantee them personally? did he sign for them individually). A lot depends on the exact nature of the debts, how they were acquired, when they were acquired and the details of his company.

Regarding the house, if your stepmother and father purchased this house together and owned it jointly, you--as an heir of your father--should be entitled to a portion of his interest in the house. If your stepmother owns the house but your father paid for some of it or for various improvements and repairs, you may be entitled to some reimbursement (assuming you can prove those things).

Regarding your grandmother's recent death, the distribution of her estate depends upon her own circumstances at death--if she left a will, the will will govern who gets what; if she left no will, your father, as a "predeceased" child of your grandmother, would be represented in your grandmother's succession by you and your brother (assuming you are his only children) and, as such, you two should share in his portion of your grandmother's estate (& debts).

Has a succession already been filed by anyone for your father or grandmother? You can file them if no one else has or wants to. The costs of filing and paying an attorney should be shared by everyone who is going to receive a portion of each of the estates, respectively. Even if you pay it all out of pocket or the attorney agrees to wait for the completion of the successions to get paid, the total amount of fees and costs will be pro-rated in the successions based on the portions the heirs/legatees will receive (i.e., everyone will ultimately get their share of the estate(s) minus their fair share of the fees and costs due; if you pay up front, you will get credit for that in the end and should be reimbursed accordingly).

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Answered on 6/28/01, 10:47 am


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