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Inheritance question

Posted on 7/17/23 at 6:58 pm
Posted by miab777
Member since Aug 2012
349 posts
Posted on 7/17/23 at 6:58 pm
Regarding separate property in Louisiana of someone who passed away without a will. Who would inherit in this situation:

No will
No spouse
No children
Both parents deceased
One living brother who is married with 3 kids
One deceased brother with a living widow and 1 kid

Would the living sibling be the sole heir, or would it be split between him and the other deceased brother's kid?
Posted by Ancient Astronaut
Member since May 2015
33041 posts
Posted on 7/17/23 at 6:58 pm to
There is a civil code article on this.
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54628 posts
Posted on 7/17/23 at 7:00 pm to
quote:

Who would inherit in this situation:


The government

Property laws and inheritance is an illusion. The government owns everything in the end.
Posted by boosiebadazz
Member since Feb 2008
80208 posts
Posted on 7/17/23 at 7:02 pm to
By root

Always a fun phrase to say

Fun because of the agrarian hints at a family tree in the vernacular of the Code. But also because of the root of a meaty cock.
This post was edited on 7/17/23 at 7:11 pm
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25602 posts
Posted on 7/17/23 at 7:02 pm to
Did anyone else get 1L Property exam flashbacks?
Posted by H2O Tiger
Delta Sky Club
Member since May 2021
6614 posts
Posted on 7/17/23 at 7:05 pm to
Damn, I must have accidentally logged into my LegalZoom account again
Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
11166 posts
Posted on 7/17/23 at 7:11 pm to
Have a family member submit a 23&Me DNA profile this week. Then things might get really complicated when a long lost child pops up.
Posted by Dawgfanman
Member since Jun 2015
22284 posts
Posted on 7/17/23 at 7:13 pm to
quote:

split between him and the other deceased brother's kid
Posted by Zap Rowsdower
MissLou, La
Member since Sep 2010
13240 posts
Posted on 7/17/23 at 7:14 pm to
Died intestate with no children or parents I think any surviving siblings and kids of deceased siblings get it.
This post was edited on 7/17/23 at 7:16 pm
Posted by Kim Jong Ir
Baton Rouge
Member since Jan 2008
52574 posts
Posted on 7/17/23 at 7:15 pm to
quote:

would it be split between him and the other deceased brother's kid?


Yes
Posted by Tiger in Gatorland
Moonshine Holler
Member since Sep 2006
9077 posts
Posted on 7/17/23 at 7:15 pm to
I didn’t know my dad passed away. Would you mind giving me the contact info for the executor?
Posted by jfw3535
South of Bunkie
Member since Mar 2008
4648 posts
Posted on 7/17/23 at 7:16 pm to
Don't you mean per stirpes>??
Posted by Curdoglsu
Member since Sep 2009
357 posts
Posted on 7/17/23 at 7:16 pm to
If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.

If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.
This post was edited on 7/17/23 at 7:19 pm
Posted by Riverside
Member since Jul 2022
2315 posts
Posted on 7/17/23 at 7:17 pm to
We’re Napoleonic, bro.
Posted by Nonc me
Member since Oct 2017
96 posts
Posted on 7/17/23 at 7:22 pm to
You’d be surprised who the lawyers can find.
Posted by Ancient Astronaut
Member since May 2015
33041 posts
Posted on 7/17/23 at 7:23 pm to
You’re on the hook for any malpractice now. Good luck!
Posted by miab777
Member since Aug 2012
349 posts
Posted on 7/17/23 at 8:08 pm to
Thanks! Someone told me it would only go to the surviving sibling and any descendants of the deceased sibling wouldn't get anything.

Posted by baldona
Florida
Member since Feb 2016
20427 posts
Posted on 7/17/23 at 8:12 pm to
The first questions OP is how much are we talking and what’s your relation here?
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 7/17/23 at 8:12 pm to
Are you the brother?
Posted by Adajax
Member since Nov 2015
6121 posts
Posted on 7/17/23 at 8:12 pm to
Split between iving sibling and deceased siblings kid.
This post was edited on 7/17/23 at 8:14 pm
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