Legal Question in Wills and Trusts in Louisiana

Re: What's my share?

If your father had no other children--natural or adopted--but you and your sister and if your father and mother were married at the time of his death, the first issue/question is whether or not your father had any "separate" property of his own or if all of his property was community property owned with his wife. Assuming that all the property is community, located in Louisiana and that your father lived in Louisiana at the time of his death, your mother owns an "undivided" 1/2 of everything as her share of the community. The other "undivided" 1/2 of the community would probably be inherited by you and your sister in equal shares, subject to a "legal usufruct" in favor of your mother as surviving spouse. "Legal usufruct" means that your mother is entitled, by law, as the surviving spouse to continue using the community property as her own as long as she lives and does not remarry. You and your sister would have, until she dies or remarries, "naked ownership" of the community property--basically, a claim to ownership without the ability to sell or use it against your mother's wishes.

I strongly suggest that you not rely on my comments alone--they are only general remarks and are NOT intended to be legal advice regarding your rights or interests. I strongly suggest that you pay to have a real legal consultation with an attorney convenient to your location to discuss all facts and circumstances of your situation and to fully explain your rights and the laws that may apply to you.