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    bsarushing's Avatar
    bsarushing Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 26, 2010, 04:22 PM
    In LA if a child dies before the parents does his wife inherit his portion of money
    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    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.

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