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Succession Bumps in Louisiana (Real Estate & Property Law)

Sun, 07 Jan 2007 08:24:00 GMT

Mother died recently; she was married,separated for 25+ years. She tried to find my stepfather years ago but found he had died in the early '90's. He had a child from a previous marriage. She had sold her house to use as a down payment to buy a house together. They only lived together in it for about two years. He left and she paid it off herself.

She left a will: for the house & her belongings to go to my brother and me. We consulted a lawyer who drew up a document for us to be "Indpentent Directors" of her estate. As I read this document it appears that it gives us power to sell things, including automobiles and real estate. According to the lawyer, we would have to put part of the money in an account for my step brother who I haven't seen in decades.

Initially, we didn't want to do this - but we are leaning toward it now. My question:
Do we have to go back to the lawyer to do this? Or do we simply sell? How much do we put in bank for my step-brother? Are we supposed to try and find him?

Thank you for any response - I work and am trying to keep my time off at a minimum and she won't take phone calls. ::confused:

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  • Wed, 21 Mar 2007 01:52:00 GMT(1)
  • I can see some real tangles.

    Of course she won't take phone calls. She's DEAD. (You mentioned only one female.)

    Since the stepbrother had a different mother, that mother and the stepfather are normally the sources of inheritance - unless your mother adopted the stepbrother (and possibly the stepfather adopted you). But it varies state to state.

    There is also the case that your mother paid off most of the house. That would put her ownership as being higher than the stepfather's.

    The time of reckoning would have been when the stepfather died. His stake in ownership of the house would have been handled in probate THEN, unless he had signed the deed over before that. Or it is possible that he abandoned or forgot his interests in it when the will was made out, and so it was not discovered.

    Whose name or names are on the deed?

    As for the chattels, there is probably no hereditary claim, since most of them probably date from after the split-up. Your mother bought them with money she earned.
  • Wed, 21 Mar 2007 10:18:00 GMT(2)
  • The key player is the deceased stepdad. If he had a Will and left everything to your mother (and assuming that your stepbrother was not a minor) then your step-brother would have no claim.

    If your stepdad passed away without a Will then the rules of intestate succession kick in an your stepbrother could possibly have a claim against his father's estate - which then following that interest translates into an interest in your mother's estate.

    Your stepbrother would not have a claim otherwise against your mother's estate since there is a Will specifying her bequests. Again, this assumes that your mother did not adopt your stepbrother and that your stepbrother is an adult.

    Steve @lawknowledge.org. www.buyingahouseandsavingmoney.com
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