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Started By
Message
Inheritance
Posted on 12/15/22 at 9:13 pm
Posted on 12/15/22 at 9:13 pm
Dad died 15 years ago. Mother is still alive. We never did a succession when dad died. Lawyer said last year to just do both successions after mother dies. In the meantime one of their 5 children dies. My question is, when the time comes to do successions on mom and dad are the children of deceased child entitled to her share? Or just the surviving 4 children split inheritance?
9
Posted on 12/15/22 at 9:25 pm to tigger4ever
Depends on state I think
quote:
Under Louisiana’s intestate succession laws, separate property is distributed first to a deceased person’s children. Each child of the deceased person will share equally in the separate property.
If any of the deceased person’s children are also deceased, their descendants (the deceased person’s grandchildren) will inherit “by roots” (equivalent to per stirpes in other states). This means that a deceased child’s descendants will share equally in the share that their deceased parent would have taken if he or she had survived.
This post was edited on 12/15/22 at 9:27 pm
Posted on 12/15/22 at 9:45 pm to thelawnwranglers
quote:
Under Louisiana’s intestate succession laws, separate property is distributed first to a deceased person’s children. Each child of the deceased person will share equally in the separate property. If any of the deceased person’s children are also deceased, their descendants (the deceased person’s grandchildren) will inherit “by roots” (equivalent to per stirpes in other states). This means that a deceased child’s descendants will share equally in the share that their deceased parent would have taken if he or she had survived
Damn
My dad passed away when I was 17 and his siblings didn’t give me anything after my grandfather passed. my grandfather forgot to update his will
Probably not worth pursuing 15 years later
This post was edited on 12/15/22 at 9:46 pm
Posted on 12/15/22 at 10:04 pm to VermilionTiger
The lawyer who settled the will should have known the law. Go for damages.
Posted on 12/15/22 at 10:11 pm to Drizzt
How does the lawyer know there are other siblings?
Posted on 12/15/22 at 10:12 pm to VermilionTiger
I can’t imagine fricking over my sibling’s children like that.
This post was edited on 12/15/22 at 10:20 pm
Posted on 12/15/22 at 10:21 pm to tigger4ever
Hopefully they have a will that spells it out
Posted on 12/15/22 at 10:41 pm to VermilionTiger
Your relatives sound like pricks.
I would certainly go after the attorney - then cut ties with your aunts and uncles.
Disgusting they are
I would certainly go after the attorney - then cut ties with your aunts and uncles.
Disgusting they are
Posted on 12/16/22 at 5:40 am to VermilionTiger
quote:
Damn
My dad passed away when I was 17 and his siblings didn’t give me anything after my grandfather passed. my grandfather forgot to update his will
Probably not worth pursuing 15 years later
What I shared was if there wasn't a will
If there was a will and it was followed your grandfather screwed you
Posted on 12/16/22 at 5:58 am to tigger4ever
quote:
children of deceased child entitled to her share
Of course.
Posted on 12/16/22 at 7:40 am to tigger4ever
I'm pretty sure a will trumps all of the state laws.
For instance, if the parents purposely leave out one of the heirs due to reasons they deem important, the will must be adhered to. Only fair, wouldn't you think?
For instance, if the parents purposely leave out one of the heirs due to reasons they deem important, the will must be adhered to. Only fair, wouldn't you think?
Posted on 12/16/22 at 7:58 am to tigger4ever
Attorney's advice needs challenging, because Attorney's advice is opinion.
If me, I'd handle situations as they arise, and take care of father's passing now, IMHO (because opinion).
If me, I'd handle situations as they arise, and take care of father's passing now, IMHO (because opinion).
Posted on 12/16/22 at 8:00 am to Lutcher Lad
quote:
pretty sure a will trumps all of the state laws
State laws I believe are general intestate aka if there isn't a will
Posted on 12/16/22 at 11:34 am to PhiTiger1764
quote:
I can’t imagine fricking over my sibling’s children like that.
This! But you are a decent person. I've seen some absolutely disgusting behavior 1st and 2nd hand when it comes to money after someone passes away.
Posted on 12/16/22 at 11:54 am to tigger4ever
quote:
My question is, when the time comes to do successions on mom and dad are the children of deceased child entitled to her share? Or just the surviving 4 children split inheritance?
So there is no will currently? Then you should have one made for your mother so everyone knows what will happen when she dies. Unless there is a reason why your parents would have not given any inheritance to the deceased sibling, then it would be very shitty of you to try to screw the kids of that sibling out of what they would have inherited.
Posted on 12/16/22 at 12:40 pm to Sterling Archer
quote:
This! But you are a decent person. I've seen some absolutely disgusting behavior 1st and 2nd hand when it comes to money after someone passes away.
Yessir. Happens every day. Money can really bring out the bad in people.
My grandmother remarried after my grandfather passed. She spent several years taking care of her 2nd husband as his sorry arse children, who lived only a few miles away, didn't even bother to visit him. Those sorry asses tried to sue my grandmother for the money that she was legally entitled to after he passed. They lost, of course.
Posted on 12/16/22 at 11:10 pm to tigger4ever
This is completely legal advice based on state and not for a message board
Posted on 12/16/22 at 11:24 pm to PhiTiger1764
quote:Nothing brings out the true shitty nature of a human being like the possibility of an inheritance. Seen it multiple times. A nice loving family will turn on one another all over who gets what. Pretty insane
I can’t imagine fricking over my sibling’s children like that.
Posted on 12/17/22 at 3:16 am to PhiTiger1764
quote:
I can’t imagine fricking over my sibling’s children like that
Currently happening to me now. Grand father redid his will to split everything 50% to daughter and 50% to son but sons share was then divided by four for me and my two siblings after we found out my dad was up to no good. My grandfather died then my grandmother gets dementia and my nannie had her change will where she gets everything. My nannie is retired at 65 lives by herself. I should have gotten 1/3 of a 1/2 since my father passed but we got screwed instead by my nannie taking full advantage of my grandmother’s dementia. I have papers of doctor stating that grandmother has dementia from two years before grandmother changed will and my nannie stating it was getting progressively worse 6 months before will was changed. My nannie is evil and never thought she would do that. Just today she told me that she thinks of me my brother and my sister as her children. Told her I would hate to see what she would do to her enemies. Bitch!!
This post was edited on 12/17/22 at 3:31 am
Posted on 12/17/22 at 10:52 am to nola tiger lsu
Does assigning beneficiaries on savings, 401k, life insurance, etc. go to those beneficiaries with no will?
This post was edited on 12/17/22 at 11:09 am
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