Legal Question in Wills and Trusts in Louisiana

My son was killed in a work related incident, his father died 3 months later (we were divorced at the time.) Sometime after his father�s death I hired a law firm to sue the company on behave of my son for wrongful death. A portion of the money was put into my son's estate, there was nothing else except the money from the law suit. I am told that his father�s estate is entitled to half. Is this correct? Or can something be done differently? My son was working in TX at the time , in Jefferson county.


Asked on 7/17/15, 8:48 am

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

I assume that your son was not married, and had no children. The divorce would have no effect on who is entitled to the money in your son's estate.

Texas is a community property state, so you and your ex would inherit the proceeds of the lawsuit. Your half is yours. Your ex's estate would own the other half. Where his part goes depends on whether or not he had a will. If he did have a will, his half would pass to whoever he named in his will as the legatee(s) of his estate.

If he died intestate, his half would pass according to Texas law laws of intestacy, so what you need to do is contact an attorney in Texas who knows probate law.

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Answered on 7/18/15, 9:20 am


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