Legal Question in Wills and Trusts in Louisiana

seperate or community property

My father died recently. He had inheritited, seperate property from his parents. All royalities from this property he kept seperate from his wife. Even seperate accounts with his name only on accounts. My question, does fruits from seperate inheritied property stay seperate? Or is considered community property? Can she as a wife, get half of the money from these seperate accounts? He was sick for 3 months, the money recieved during this time, can she keep it, if it is from the sep. prop.? My daddy wrote out a will, left all land, money in accounts, homes & royalities to his children, but didnt sign it, so it is useless. But it was his wishes. She stated to me that she wished she had divorced him years ago and took half. And that he needed to get well and hurry up and get her her new car, hers had almost 60,000 miles on it. The one he just bought her was barely 1 year old. She is only after his money and to heck with us kids. I know my daddy wanted us to have my grandparents land & royalities. The hole family dislikes her because she only cares about the money. She also stated she could get half of any monies he put in accounts in our names. Can she? They have only our names & my father's. She'll get my grandpts money I'm afraid!


Asked on 4/09/07, 2:21 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: seperate or community property

Inherited property is not community property unless specifically willed to the community (which is very rare).

The children should retain an attorney to handle the estate. If the facts you state are accurate I believe your attorney will be able to solve this matter to your advantage.

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Answered on 4/09/07, 9:39 am


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