Legal Question in Wills and Trusts in Louisiana
wills and succession
Here is the situation Father is dead but no succession was done. Mother is still alive and has a will in place leaving the estate equally to her childrens. Property is still in the father's name ...if the mother dies what happens to the property
Asked on 7/10/08, 1:34 pm
1 Answer from Attorneys
James Maguire
James G. Maguire, Attorney At Law
Re: wills and succession
Assuming that father died without a will, and that all of their property is community, then when father died, his children inherited his one-half of the community, subject to mother's usufruct (use) during her lifetime. This is so even if a succession has not been opened.
When mother dies, the usufruct ceases, and the children become co-owners of father's one-half. Mother's one-half passes to the children, according to her will.
Answered on 7/10/08, 2:20 pm
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