dad died in 2005. Mom was caught up in katrina hurricane-trying to get money from road home program-opened dad's estate there are 4 children over age 21 and have chosen to let mother have all so can rebuild-have one sister living far away, came in to sign papers and has refused because mom forgot to mention dad's tools(nothing special just sear's craftmans value maybe $1,500. Neighbor helped mom out so she gave them to him never thinking of breaking a law for inheritance-neighbor moved, storm came & went, mom lives with one of the other daughters and now this is happening --can't we tell this one sister to get a life and move on?:confused:

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Originally Posted by iamconfused2

dad died in 2005. mom was caught up in katrina hurricane-trying to get money from road home program-opened dad's estate there are 4 children over age 21 and have chosen to let mother have all so can rebuild-have one sister living far away, came in to sign papers and has refused because mom forgot to mention dad's tools(nothing special just sear's craftmans value maybe $1,500. neighbor helped mom out so she gave them to him never thinking of breaking a law for inheritance-neighbor moved, storm came & went, mom lives with one of the other daughters and now this is happening --can't we tell this one sister to get a life and move on?:confused:

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When you say your mother opened your Dad's estate do you mean she filed for probate?

If there is a Will and a portion of the estate passed to your sister she has the right to collect it. Her siblings cannot make a decision whether to waive or not on her behalf.

If there is no Will Louisiana Law is: spouse gets one-half of community property and the use of the other half until remarriage and children share in the remaining one-half of the community and all your separate property.

If there is a Will and everything goes to your mother (which does not appear to be the case if you have "chosen" to let your mother have it all), then your sister has no legal standing.

Your sister can insist on her share.

Thanks for replying to my question-I was hoping the usufruct(sp?-gotta lookup this word it's starting to bug me not knowing if I am spelling it correctly-lol) would come into play here-
Once again thanks---ann