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View Full Version : In LA if a child dies before the parents does his wife inherit his portion of money


bsarushing
Jul 26, 2010, 04:22 PM
My husband passed away. His mother and father passed away after he did. Now his sister will not give us a copy of the will and will not give me or my son any money. What is my rights as a spouse and what do I need to do to get my sons portion.

GV70
Jul 27, 2010, 01:40 AM
Successions in Louisiana are considered either
Testate or intestate. If the deceased had a will
That was probated, then the succession is
Considered testate. If the deceased did not have
A will, then the succession is intestate. With a
Testate succession, the provisions of a will
Control most of the dispositions. In an intestate
Succession, the statutes determine who inherits
And in what proportions.

Order of Succession in Louisiana

Community Property

1. To children or children's descendants, with
Usufruct to spouse. If nobody exists in this
Group, then...
2. To spouse, if there are no children or
Descendants of children. If nobody exists in this
Group, then...
3. To brothers and sisters with usufruct to
Parents, if parents are alive. If nobody exists in
This group, then...
4. To nieces and nephews, or their descendants,
With usufruct to parents, if parents are alive. If
Nobody exists in this group, then...
5. To parents, if there are no brothers or sisters,
Nieces or nephews, or other descendants. If
Nobody exists in this group, then...
6. To grandparents or other ascendants. If
Nobody exists in this group, then...
7. To nearest collateral relative. If nobody exists
In this group, then...
8. To State of Louisiana.

Separate Property

1. To children or children's descendants. If
Nobody exists in this group, then...
2. To brothers and sisters with usufruct to
Parents, if parents are alive. If nobody exists in
This group, then...
3. To nieces and nephews, or their descendants,
With usufruct to parents, if parents are alive. If
Nobody exists in this group, then...
4. To parents, if there are no brothers or sisters,
Nieces or nephews, or other descendants. If
Nobody exists in this group, then...
5. To spouse. If there is no spouse,
Then...
6. To grandparents or other ascendants. If
Nobody exists in this group, then...
7. To nearest collateral relative. If nobody exists
In this group, then...
8. To State of Louisiana.

GV70
Jul 27, 2010, 01:45 AM
You have to check whether he had a will or not.
Go to his probate court and check it.