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whorttech · Mar 23, 2009, 05:47 AM

My father died in 1994 and had some property in his and his wife's name which went to his surviving wife upon his death. She recently died and prior to her death she made a Usufruct agreement on the property with a brother of hers who can't be found. I need to know if I have a right to proceed with a legally claim for my share of inheritance of the property here in Louisiana. Thanks

AlpineAnnie · Mar 23, 2009, 06:05 AM

I can't swear to this, but I think: If your father's wife is not your mother - then once your father willed the property to your stepmother - it became hers. You have no legal right to the property at all. Her family would then be in a position to fight over the property. The Usufruct Agreement means that she was saying that her brother has the right to all income and enjoyment from the property as long as he doesn't alter it. Since she has now passed away, the property would actually pass to whoever she willed it to. If she did not have a will, then it would pass according to the succession laws in Louisiana, and stepchildren generally are not included in that.

AlpineAnnie · Mar 23, 2009, 06:10 AM

I just re-read your original post and thought I should clarify something. You said that the property was in your father and his wife's name and then he passed away. It was not willed to her, just became solely hers. From that point on, my answer remains the same. Unless someone is related by blood or adoption, they generally have no legal claim. Your father's will did not have to leave you anything although generally speaking I believe you have to be mentioned, even if it's just to say "I have a son/daughter named xxxx and leave my love and respect/leave them nothing...." etc. Usually if the offspring aren't mentioned at all, someone may file a claim stating that the deceased "forgot" to leave something to their offspring.

Rosematthews · Jun 20, 2012, 01:42 PM

My Mother passed in 2006. Children is still fighting over nothing! She left a house to us. My mother adopted my niece and nephew and one sister passed in 2008. She left one son. My question is would my adopted niece and nephew be a part in the succession and my nephew my sister left behind?

Please let me know?

AK lawyer · Jun 20, 2012, 01:56 PM

Originally Posted by Rosematthews

My Mother passed in 2006. Children is still fighting over nothing!! She left a house to us. My mother adopted my neice and nephew and one sister passed in 2008. She left one son. My question is would my adopted neice and nephew be a part in the succession and my nephew my sister left behind?

please let me know?

Does this have anything to do with Louisiana? I ask, because when you attach your new question to an old thread, it can lead to all sorts of confusion.

Generally, adopted children would be, for all intents and purposes, legally the same as biological children. But what do you mean "a part of the succession"? Did your mother leave something to her sister, and you are asking if the sister's children get something?

You do know that someone needs to apply to the probate court, right? And of course we should know what state you are in to give an accurate answer.