re: OT lawyers and estate problem

I don't have time t read the thread (or any of the posts) but I think it all comes back to what did and did not go through succession before MIL passed.

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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.

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If there is no will it goes to the spouse. if the spouse does not carry out succession and the kids do then it goes to them.....but if the kids do not carry out succession either and just start making financial decisions I am of the thought that the MIL still has legal recourse to that money if she wants to carry out the succession.

Again, no attorney but unfortunately too much experience with death recently...dealing with a current succession situation now but I get confused AF sometimes too

What the hell are you trying to say man

If your FIL willed his money to his 3 children and not his wife, then the money is the kids' to do with as they please.

You're saying they chose to take FIL's money and give it to his wife. Were taxes paid on those gifts? ANY documentation? Anything signed?

If not, a good lawyer could argue that those assets never legally changed hands from the children to the MIL. By opening the CDs she was a steward for the money, but without an official trust, tax or contractual documents, she never "owned" the money. In this case, the 3 children still own the money and should be considered their own assets, not MIL's. This would, in theory, protect the money from MIL's creditors.

All that said, it'd take a pretty ballsy (and expensive) lawyer to fight the creditors on these grounds.

Dying intestate is trashy.

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