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OT lawyers and estate problem

Posted on 10/24/18 at 9:24 pm
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:24 pm
Good Lord I am just so pissed.

Problem! What little I know off estate law which is very little, got a quick question.

FIL, passed away almost 20 years ago. At that time before he passed, his Mom and Dad passed. There was him and a brother;. Everything was split even. At the time, the wife and her sister and brother put everything in their Mom's name, which was always the right thing. They were of age.

20 years later, MIL passed away. Maybe a problem. The monies that the kids passed onto MIL. She never touched it and had it in CD's.

Question??????

Is there a way for those kids to take those monies always from said bank before all is said in done?

To me, in Louisiana, Anything that comes from the parents to a child even after married goes to the child. Hence fore, what FIL got from his folks even being married, that goes to the his kids with out any will.

Is this right or wrong?

Good Lord, I hope I am right, even though I am in the dog house.
Posted by boosiebadazz
Member since Feb 2008
86383 posts
Posted on 10/24/18 at 9:27 pm to
The quality of advice you’ll get here will correspond to what you’ve paid for it
This post was edited on 10/24/18 at 9:29 pm
Posted by WillieD
Lafayette/BR
Member since Apr 2014
3344 posts
Posted on 10/24/18 at 9:28 pm to
Wut
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 9:29 pm to
Yo fish.

all that ain’t real clear to us on the outside.

Is someone set to inherit money from your MIL that will end up getting a portion of what your wife gave back to her mother 20’years ago, after your FIL passed?

And unless the MIL had some of her kids on the bank accounts, you probably have to distribute whatever funds according to the probate process.

ETA: Hire an estate attorney then cpa to do it right.
This post was edited on 10/24/18 at 9:36 pm
Posted by LSUballsack
Oweo's alter
Member since Aug 2018
540 posts
Posted on 10/24/18 at 9:30 pm to
This is billable time for me taking time to simply respond to you
This post was edited on 10/24/18 at 9:31 pm
Posted by East Coast Band
Member since Nov 2010
66988 posts
Posted on 10/24/18 at 9:30 pm to
quote:

She never touched it and had it in CD's.

Up until a few weeks ago, this was not very wise investing.
Probably lost out on doubling her money, if not more.
Posted by djangochained
Gardere
Member since Jul 2013
19183 posts
Posted on 10/24/18 at 9:30 pm to
Pics ?
Posted by baylorbaiter
Too close to Waco
Member since Apr 2015
1494 posts
Posted on 10/24/18 at 9:31 pm to
How drunk are you, baw? Napoleanic code is a bitch!
Posted by Anonymous95
Member since Sep 2014
2101 posts
Posted on 10/24/18 at 9:32 pm to
I’m not sure what the answer to your question is but I can tell you this, in case it helps.

quote:

You cannot close your jaw and make yout teeth seat without biting your tougue/cheeks. Ipmossible
Posted by BayouBandit24
Member since Aug 2010
17239 posts
Posted on 10/24/18 at 9:32 pm to
Learn to write clearer before you seek detailed legal advice from the OT.
Posted by Martini
Near Athens
Member since Mar 2005
49696 posts
Posted on 10/24/18 at 9:32 pm to
I have no idea what the frick I just read.
Posted by countryboycansurvive
Rapides Parish, LA
Member since Oct 2017
124 posts
Posted on 10/24/18 at 9:34 pm to
Have you been drinking?.....none of that makes any sense!
Posted by stewie
Member since Jan 2006
4032 posts
Posted on 10/24/18 at 9:35 pm to
quote:

I have no idea what the frick I just read.


X2
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:35 pm to
Frog, bit on the drinking side.

What FIL got from his parents after they passed, his kids said to give to his wife. Monies put away, never touched.

That helps?
Posted by yaherrdme
The Place to Be
Member since Feb 2004
6006 posts
Posted on 10/24/18 at 9:39 pm to
quote:

That helps


No, what is the problem?
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 9:39 pm to
Sounds like it all splits to your MIL’s heirs.

If they originally donated their equal shares from their grandparents back to your MIL, she can probably leave it all to whomever she wants.

If no valid will, it seems like if all flows through equally to your MIL’s Heirs.

ETA: Nobody plans to die but somewhere, some planning should be done before it ultimately happens.
This post was edited on 10/24/18 at 9:41 pm
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:40 pm to
Told MIL 15 years ago. Got to remember the interest rate of the 1980's.

Problem country folks and I include my wife. Dumb people when it comes to money.
Posted by BR Tiger
Baton Rouge
Member since Mar 2004
4759 posts
Posted on 10/24/18 at 9:40 pm to
It should pass back down to the kids at this point. Unless I’m still not understanding the situation which is very possible.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 9:44 pm to
quote:

the wife and her sister and brother
As my estate attorney step father was fond of saying, with no will, out comes the “mama loved me the most and said I should have xwz”.

And that’s when the fight and the legal fees really started.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:45 pm to
OK, let me try again.

The money that FIL got, can that be split away from MIL estate? Talking a bunch of money.

Oh, there was never a sugsection for FIL.
This post was edited on 10/24/18 at 9:47 pm
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