Legal Question in Wills and Trusts in Louisiana
Stolen money
if property was left only to my mother via my father in his will and there are 7 siblings does the will have to be read before the mother can sell the property? do any of the siblings have any claims to the money once the property is sold with out the will being read? the father is now decesed.
1 Answer from Attorneys
Re: Stolen money
An official "Reading of the will" ceremony is not necessary in Louisiana. Whoever is the heir must be placed in possession of the land by judgment of the District Court. No smart buyer will ever purchase the property without examining the title and seeing the Judgment of Possession.
Do you know positively that the will gives the property solely to the mother, or is this something you were told?
In the Louisiana State Constitution there is a legal concept of forced heirship. By law a child who has not had a 23rd birthday at the time of a parent's death must generally inherit a portion of the estate. Older children with certain disabilities are also forced heirs. Forced heirship is a concept older than the State of Louisiana and the age and ability limitations are new. The courts have not yet finally ruled whether or not the limitations are constitutional.
The ultimate answer is that the succession should be opened to the court and that court should determine who inherits your father's property. Consult a lawyer immediately before your mother engages in a possibly illegal sale.
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