Legal Question in Wills and Trusts in Louisiana
teachers retirement
Is there a law that was passed in La. stating that step-children can claim the retirement of the survimg spouse.My step children are trying to claim my retirement in the succession of my husband.
Asked on 1/05/02, 2:13 pm
1 Answer from Attorneys
Andrew Casanave
Andrew M. Casanave
Re: teachers retirement
I have to ask, if these are your step-children and they want your late husband's benefits, aren't they his children? If so, they have the heirship rights of his children and unless there is a will stating otherwise, they are his heirs. Even if there is a will, they might inherit.
On the other hand, his step-children, who legally are strangers, have no rights as heirs unless they are specifically named in his will.
If it is your retirement, and you are alive, the rules of your retirement plan apply.
Answered on 1/06/02, 12:47 pm
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