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Louisiana Estate Inheritance Question...

Posted on 7/11/25 at 11:32 am
Posted by sidewalkside
rent free in yo head
Member since Sep 2021
4163 posts
Posted on 7/11/25 at 11:32 am
Not my family just a question. Assuming nobody has a will dictating where estate is left.

Grandparents have have large estate...they both pass away and everything is left to their two children (parents) 50/50

One parent marries and has 1 child the other parent never marries never has any kids.

Both those parents and the one spouse pass away... the only person living is the single grandchild...do they get 100% of the estate since they have no cousins? or 50% that was left to their parent? What happens to that other 50% that was left to the parent who never marred and never had kids?
Posted by elpolloloco
Parts Unknown
Member since Oct 2011
279 posts
Posted on 7/11/25 at 11:37 am to
A little thrown off by persons being called parents, but as I am reading it the child would inherit the aunt/uncle's interest as there is no will and being the closest heir.
Posted by lionward2014
New Orleans
Member since Jul 2015
13262 posts
Posted on 7/11/25 at 11:39 am to
quote:


Not my family just a question. Assuming nobody has a will dictating where estate is left.

Grandparents have have large estate...they both pass away and everything is left to their two children (parents) 50/50

One parent marries and has 1 child the other parent never marries never has any kids.

Both those parents and the one spouse pass away... the only person living is the single grandchild...do they get 100% of the estate since they have no cousins? or 50% that was left to their parent? What happens to that other 50% that was left to the parent who never marred and never had kids?


Someone is trying to get some last minute Code II studying in. Pay for Barbri when you are taking the February exam counselor.
This post was edited on 7/11/25 at 11:40 am
Posted by shiphascomein
Member since May 2015
141 posts
Posted on 7/11/25 at 11:39 am to
Posted by TDTOM
Member since Jan 2021
24258 posts
Posted on 7/11/25 at 11:41 am to
N/M
This post was edited on 7/11/25 at 11:41 am
Posted by Trevaylin
south texas
Member since Feb 2019
9479 posts
Posted on 7/11/25 at 11:45 am to
probate lawyer got a bit of work here. hire one that has a honest reputation
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40461 posts
Posted on 7/11/25 at 11:45 am to
quote:

the only person living is the single grandchild


In some subcultures of America, this kid lives in the original house and just keeps paying the property taxes under the grandparent's name and cashing all the relatives social security checks.
Posted by sidewalkside
rent free in yo head
Member since Sep 2021
4163 posts
Posted on 7/11/25 at 11:47 am to
quote:

A little thrown off by persons being called parents, but as I am reading it the child would inherit the aunt/uncle's interest as there is no will and being the closest heir.


Yeah I guess a way to describe it is there is one living member of the family (grandchild) after all the grandparents and parents/spouse pass away.
Posted by fastlane
Member since Jul 2014
4529 posts
Posted on 7/11/25 at 11:47 am to
quote:

randparents have have large estate...they both pass away and everything is left to their two children (parents) 50/50

One parent marries and has 1 child the other parent never marries never has any kids.

Both those parents and the one spouse pass away... the only person living is the single grandchild...do they get 100% of the estate since they have no cousins?


The doctor was the boys mother!!!
Posted by Rabby
Member since Mar 2021
1419 posts
Posted on 7/11/25 at 11:49 am to
quote:

Both those parents and the one spouse pass away... the only person living is the single grandchild...
I guess that you mean both parents and the single sibling are all deceased. The sole remaining heir is now the inheritor of the estate - IF there truly were no wills involved.
Posted by chRxis
None of your fricking business
Member since Feb 2008
26689 posts
Posted on 7/11/25 at 11:52 am to
quote:

50% that was left to their parent


quote:

What happens to that other 50

if they didn't will that to anyone, it would go to the state
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
8977 posts
Posted on 7/11/25 at 11:53 am to
quote:

probate lawyer got a bit of work here. hire one that has a honest reputation


100%. You have multiple layers, grandparents and siblings that need to be sorted through before you get to the grandchild. If the siblings didn't do succession correctly it will be a huge PITA and well worth the money.


quote:

One parent marries and has 1 child the other parent never marries never has any kids.

OP How are they a "parent" if they didn't have kids?
Posted by sidewalkside
rent free in yo head
Member since Sep 2021
4163 posts
Posted on 7/11/25 at 11:54 am to
quote:

if they didn't will that to anyone, it would go to the state
Thats the aprt that would suck if estate went to the state and not a living memebr of the family
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2646 posts
Posted on 7/11/25 at 11:57 am to
There's too much unknown to give a good enough answer. A lot depends on the assests and how it's titled....Community property or tenants in common. Are there any IRAs, life insurance, annuity contracts? If there are beneficiaries is it per stirpes?
This post was edited on 7/11/25 at 12:01 pm
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2646 posts
Posted on 7/11/25 at 12:00 pm to
quote:

if they didn't will that to anyone, it would go to the state
Thats the aprt that would suck if estate went to the state and not a living memebr of the family


The plot of the movies Mr Deeds and King Ralph
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57646 posts
Posted on 7/11/25 at 12:08 pm to
Let's call the married child Child A and the unmarried one Child B.

Under Louisiana intestate succession ( La. Civ. Code Art. 880–899), if there are no descendants nor spouse of Child B, their property passes to the parents, siblings, or their descendants by representation (which, in this case, would be the sibling's -Child A's- descendant).

Posted by Corner Pocket
Member since Feb 2024
177 posts
Posted on 7/11/25 at 12:20 pm to
The horse's name is Friday
Posted by texn
Pronouns: Y'All/Y'All's
Member since Nov 2019
4053 posts
Posted on 7/11/25 at 1:08 pm to
Posted by LSUGUMBO
Shreveport, LA
Member since Sep 2005
9462 posts
Posted on 7/11/25 at 1:16 pm to
quote:

Let's call the married child Child A and the unmarried one Child B.

Under Louisiana intestate succession ( La. Civ. Code Art. 880–899), if there are no descendants nor spouse of Child B, their property passes to the parents, siblings, or their descendants by representation (which, in this case, would be the sibling's -Child A's- descendant).



This is the correct answer. The only way the state gets their hands on the assets is if the grandchild dies without heirs or a LWT. I'm in O&G and just did a full title history on a piece of property. Single man buys property, later marries, has no children and dies. He leaves everything to his wife. She dies and leaves everything to her 2 sisters. 1 sister dies and leaves everything to the surviving sister. Last sister dies and the property gets sold for unpaid taxes. I guess the last sister didn't leave a will or have anyone to leave her estate to. It's a sad story, really.
Posted by doubleb
Baton Rouge
Member since Aug 2006
41602 posts
Posted on 7/11/25 at 1:37 pm to
The first injury attorney on the scene gets 60%.
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