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re: Louisiana Estate Inheritance Question...

Posted on 7/11/25 at 1:47 pm to
Posted by Ben Dare
A sandy beach with cold water
Member since Nov 2012
113 posts
Posted on 7/11/25 at 1:47 pm to
Holy table of consanguinity, lawman!
Posted by el Gaucho
He/They
Member since Dec 2010
58304 posts
Posted on 7/11/25 at 1:51 pm to
Dang bro if you’re not in the will you’re a shitty nephew
Posted by LSUfan4444
Member since Mar 2004
56553 posts
Posted on 7/11/25 at 1:58 pm to
quote:

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?


In Louisiana, yes.

With no spouse and no siblings, the nephew / niece could then act on succession. They don't have to but they could.

When my uncle died (no spouse, no kids), my dad did not act upon his success / estate. Neither did my brother and I so it went to the state.
This post was edited on 7/11/25 at 2:02 pm
Posted by StormyMcMan
USA
Member since Oct 2016
4616 posts
Posted on 7/11/25 at 3:00 pm to
quote:

If someone dies and is survived by children, in most cases, the children will become co-owners of the community property with the surviving spouse. If there are no children, the spouse may own the property.

Separate property goes to heirs in the order set forth by Louisiana law. Generally, this order is as follows:

Descendants
Siblings
Parents
Surviving spouse
Ascendants other than parents
More remote relatives


LINK
Posted by Jebadeb
Member since Oct 2017
5630 posts
Posted on 7/11/25 at 3:11 pm to
The outcome is that the surviving grandchild gets everything. How it works before that point depends on who died first. But at the end of the day when the last one died, the only available heir is the grandchild.

The spouse that died would not be entitled to anything from the grandparents. Inhertances are separate property (not community).

Posted by Barbellthor
Columbia
Member since Aug 2015
10563 posts
Posted on 7/11/25 at 3:28 pm to
Yes.
Posted by Indefatigable
Member since Jan 2019
35461 posts
Posted on 7/11/25 at 3:31 pm to
quote:

do they get 100% of the estate since they have no cousins?

Yes
Posted by gumbeaux
Member since Jun 2004
4977 posts
Posted on 7/11/25 at 3:35 pm to
The single grandchild gets it all
Posted by Koach K
Member since Nov 2016
4784 posts
Posted on 7/11/25 at 3:48 pm to
I was hoping for hypothetical with forced heirship with some adult adoption as well as some hot stepmom action tossed in for fun.
This post was edited on 7/11/25 at 3:59 pm
Posted by Yeahright
On a big sphere out there.
Member since Sep 2018
2284 posts
Posted on 7/11/25 at 4:01 pm to
The lawyer gets his 8 grand and somebody else gets the rest.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16120 posts
Posted on 7/11/25 at 4:08 pm to
We would need to know dates of death.
The grandchild is the only one living when?
If the grandparents' two children were living when the grandparents died then they would inherit 50/50 like you said. Then the last child would inherit from his or her parent and may inherit the other half if he or she is the heir in the nearest degree to the aunt/uncle. Inheritance rights are set as of the time of each decedent's death. If the sibling with the one child died after the other sibling then that sibling would inherit and then it would flow to the grandchild anyway. Need to know dates of death.
The grandchild is probably going to be everyone's ultimate heir because there does not appear to be anyone else in line.
This post was edited on 7/11/25 at 4:13 pm
Posted by Rabby
Member since Mar 2021
1419 posts
Posted on 7/12/25 at 9:25 am to
Do you not consider that creating a designation of beneficiary is a subset of a will?
Posted by zippyputt
Member since Jul 2005
6763 posts
Posted on 7/12/25 at 10:24 am to
Hire a very good Estate attorney. That is the best answer.
Posted by chaso
clinton ms.
Member since Aug 2006
3170 posts
Posted on 7/12/25 at 10:38 am to
Yeah we just got totally F'd by a probate lawyer "out of state" and after 5 years of BS we hired another who got most of the money within 3 weeks and is suing our first lawyer who cost us millions! The spouse was a GOLD DIGGER who let him die, details are sick! Left him on the floor with bedsores and internal organs stuck to the carpet! Pure Evil!
Posted by Shorts Guy
BR
Member since Dec 2023
484 posts
Posted on 7/12/25 at 10:43 am to
quote:

the parent who never marred and never had kids?


Hwat?
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