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Started By
Message
Inheritance question on land
Posted on 6/22/13 at 10:20 pm
Posted on 6/22/13 at 10:20 pm
My wife owns land out of state. She has a son from a previous marriage whose father is a low life. We also have a younger son. Without a will, if she passed who would the land go to? She also has a sister and mother that may qualify as closest kin.
5
Posted on 6/22/13 at 10:43 pm to FelicianaTigerfan
..... Tell her to get a frickin will. Monday morning.
Posted on 6/22/13 at 10:53 pm to FelicianaTigerfan
If everything were in La, it would go to her kids. but there are many variables that could change this. Need more info, but that's a basic answer.
You should speak with an attorney
You should both prepare at least a simple will to avoid some of these issues. You can get reciprocal wills prepared for a reasonable price.
You should speak with an attorney
You should both prepare at least a simple will to avoid some of these issues. You can get reciprocal wills prepared for a reasonable price.
This post was edited on 6/22/13 at 11:00 pm
Posted on 6/22/13 at 10:58 pm to FelicianaTigerfan
Actually it would be split between sisters and brothers/ children.
That's what happen in my situation.
That's what happen in my situation.
This post was edited on 6/22/13 at 11:23 pm
Posted on 6/22/13 at 11:51 pm to NEWBIE
Our biggest concern is that if her first born got inheritance, since he is a minor, would his dad have access to it.
Posted on 6/23/13 at 12:10 am to FelicianaTigerfan
Yes, his father could have a right to control it. Again, if this were all in La, the ex could have control over his child's inherited portion. I could see that getting messy.
I would speak with an attorney so he can get all the facts to your situation and prepare the right docs.
I would speak with an attorney so he can get all the facts to your situation and prepare the right docs.
Posted on 6/23/13 at 1:27 am to NEWBIE
Put it in a trust..
Posted on 6/23/13 at 6:53 am to FelicianaTigerfan
quote:
Without a will, if she passed who would the land go to? She also has a sister and mother that may qualify as closest kin.
Depends on the state, what state?
In most cases, it will go to the Sons
Posted on 6/23/13 at 8:33 am to FelicianaTigerfan
quote:
Without a will, if she passed who would the land go to?
Generally, conflict laws say it depends on the law of the state where the immovable property is situated. This goes if she has a Will also, meaning the Will would have to be in accord with the law of the State where the property is located. Most states have a law stating that a Will that was valid when created in the State where is was created is valid in that State also. But keep in mind that if you are creating a will here in Louisiana you need to take into account things like forced heirship when drafting.
/not legal advice
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