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    Shewells's Avatar
    Shewells Posts: 1, Reputation: 1
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    #1

    Jan 27, 2013, 02:08 PM
    Inheritance
    I have a brother and a brother who passed 10 years ago at age 44. Parents had a will drawn up stating my surviving brother and I divide assets equally. Are my deceased brothers children entitled to any even though there is a will. We live in Louisiana and will written in Louisiana.
    samcreed's Avatar
    samcreed Posts: 132, Reputation: 18
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    #2

    Jan 27, 2013, 02:39 PM
    I really can't say, and will not guess. My answer would be to get a lawyer, one who is skilled in inheritance and wills, and be sure by asking him/her.
    I do know of a case in a certain state where the daughter was given everything in a will. However, her surviving husband received nothing, until a good lawyer noticed the word "descendant" in the will. As it turned out, the descendant (husband) received half of everything, and the daughter half! Good luck with whatever you find out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 27, 2013, 03:26 PM
    If the will specified you and your brother or even surviving children then they probably aren't entitled to anything. But it does depend on how well the will was written and whether the brother's children fight it.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jan 27, 2013, 03:36 PM
    'Parents had a will drawn up' - no, not likely.
    Spouses draw up wills separately. Did they die together in an accident? Or is one still alive? Or did one die after the other? And the last one to die left everything to both of you?
    You are free to give whatever you want to your brother's children.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 27, 2013, 04:25 PM
    Quote Originally Posted by joypulv View Post
    'Parents had a will drawn up' - no, not likely.
    Spouses draw up wills separately. Did they die together in an accident? Or is one still alive? Or did one die after the other? And the last one to die left everything to both of you?
    You are free to give whatever you want to your brother's children.
    Good point. But it is possible both parents had identical wills, one died leaving everything to the other parent, and then the other parent died, leaving everything to the two surviving brothers.

    Louisiana probate law is very peculiar. The OP's deceased brother's children should consult an attorney in that state to see if they have a claim to something.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Jan 27, 2013, 07:30 PM
    A great deal depends on when the will will written. If it was written after your brother died it will be a stronger case for the grand kids getting nothing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jan 27, 2013, 08:12 PM
    How each will was drawn up, how the exact, and I mean exact wording is done.
    In court, if the will is challenged, then they will argue over meanings of each word at times
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