Legal Question in Wills and Trusts in Louisiana
Succession
My mother passed away a year ago. My father remarried 5 months later.My parents have a mortagage on their home of about 70K, the mortgage was being paid directly out of mother's retirement. Dad get's a portion of the retirement and this is how the mortgage is paid. In mother's will everything she owned was to go to me, I am an only child. Do I have rights to the house?Me and my family are currently living in it, Dad wants to move in with his new wife, but does he have to buy me out? And if he dies since the mortgage only has Dad's name on it is the new wife entitled to his half if Dad dies. The last will for Dad was wrote in 1997 and nothing has changed. Everything is to go to me and my brother from his first wife.
1 Answer from Attorneys
Re: Succession
The house is probably community property. As such, your father owns a half interest in it. The other half is yours, but may be subject to his usufruct (the right to use & enjoy the fruits of). The best way to clear that up is to open Mom's succession & get a judgment of possession.
If it is community property you may want to buy Dad out to avoid confusion with your half-brother when Dad dies.
As long as he lives Dad can change his will. A buy-out would also prevent problems with new wife & her kids.
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