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re: Splitting inheiritance/death settlement for my daddy

Posted on 8/10/15 at 4:31 pm to
Posted by damnedoldtigah
Middle of Louisiana
Member since Jan 2014
4275 posts
Posted on 8/10/15 at 4:31 pm to
Hire a mediator.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
120023 posts
Posted on 8/10/15 at 4:32 pm to
I agree with your assessment. All kids of dad should get a share, regardless of the mother.
Posted by yankeeundercover
Buffalo, NY
Member since Jan 2010
36384 posts
Posted on 8/10/15 at 4:32 pm to
Have you ever heard of an estates attorney?

Why people come to OT with realistic and comprehensive legal issues is beyond me.

It's more so a "hey look at me and my life" post that anything else.
Posted by yellowfin
Coastal Bar
Member since May 2006
97814 posts
Posted on 8/10/15 at 4:33 pm to
quote:

Every one of your fathers kids should get an equal share.


so current wife at time of death gets nothing?

Sounds like she's entitled to 50% according to law then the kids divide the rest

I don't know how someone can be dumb enough to die without this worked out
Posted by damnedoldtigah
Middle of Louisiana
Member since Jan 2014
4275 posts
Posted on 8/10/15 at 4:33 pm to
quote:

believe Louisiana has forced heir ship laws where you cant prevent a legal child from getting a part of the inheritance


Louisiana no longer has a forced inheritance law except for those under age 18 or with significant disability.
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15054 posts
Posted on 8/10/15 at 4:36 pm to
quote:

Louisiana no longer has a forced inheritance law except for those under age 18 or with significant disability.

Might as well go ahead and sign up for the Feb. bar now.
Posted by Rouge
Floston Paradise
Member since Oct 2004
136951 posts
Posted on 8/10/15 at 4:38 pm to
quote:

I don't know how someone can be dumb enough to die without this worked out
especially when he knew that he had a terminal illness
Posted by Shaqstrodamus
West Monroe,Alabama
Member since Sep 2013
176 posts
Posted on 8/10/15 at 4:41 pm to
The only correct answer here is hire a lawyer
Posted by Dorothy
Munchkinland
Member since Oct 2008
18153 posts
Posted on 8/10/15 at 4:42 pm to
Wait, were C & D your dad's biological children and he allowed them to be adopted by their later stepdad or were they Wife 2's kids by another man and your father adopted them? If C & D were his kids he gave up, then it seems like they have no claim on his estate. If he adopted them, then they should be considered equal to his other biological children.

And what about all that "family land" that you live on that has been in the family for generations and you're trying to keep your son's baby mama from getting her hands on?

I'm so confused 'cause I can't keep the family saga story lines straight. I guess I need to continue to tune in for next week's episode...
Posted by damnedoldtigah
Middle of Louisiana
Member since Jan 2014
4275 posts
Posted on 8/10/15 at 4:43 pm to
I would agree with those who have stated the wrecklessness of NOT having a will made out. It is actually one of the better gifts one can leave for their family to cut down on the fighting.

My father refused to do a will and while alive actually told my now ex-wife that he was just going to let the two boys fight it out. I have resented him over that decision as it resulted in many years of unnecessary fighting as the other sibling wanted everything. Took a couple of lawyers to get through that. Destroyed whatever slim chances there were for a constructive relationship. Then again, said sibling is such an a-hole that his own son can't wait for him to die. Said sibling is now 72.
Posted by CoCo311
Anyone want my shirt??
Member since Jun 2012
16770 posts
Posted on 8/10/15 at 4:47 pm to
I, essentially, agree with your sister.
Wife 3 and those set of kids should get nothing, as they've already received a settlement and will split the land and what not. C and D kids should get a much smaller amount than you and A, as they'll be entitled to their new fathers inheritance. I'm thinking like 80/20, 90/10, somewhere around there.
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 8/10/15 at 4:49 pm to
quote:

quote:
Every one of your fathers kids should get an equal share.


so current wife at time of death gets nothing?

Sounds like she's entitled to 50% according to law then the kids divide the rest

I don't know how someone can be dumb enough to die without this worked out



I agree and so amend

Whatever share is due to the kids now should be equal in my opinion.


Posted by MSTiger33
Member since Oct 2007
20457 posts
Posted on 8/10/15 at 4:49 pm to
quote:

I looked into my crystal ball and saw many lawyers in your future.

They will get most of the estate.


Dumb. This is a straight intestacy case governed by statute.
Posted by MSTiger33
Member since Oct 2007
20457 posts
Posted on 8/10/15 at 4:52 pm to
quote:

I would agree with those who have stated the wrecklessness of NOT having a will made out. It is actually one of the better gifts one can leave for their family to cut down on the fighting.



This.
Posted by Bayoutigre
29.9N 92.1W
Member since Feb 2007
5644 posts
Posted on 8/10/15 at 4:59 pm to
wife 3 gets half and the other half divided x 7 ,did dad own house outright before marring?if dad treated stepdaughter as his own,give her a share.
Posted by jchamil
Member since Nov 2009
16673 posts
Posted on 8/10/15 at 4:59 pm to
quote:

Dumb. This is a straight intestacy case governed by statute.


I can't believe it took so many pages for someone to post this.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 5:01 pm to
quote:

personal injury funds are separate property of the injured spouse. if not addressed in the will, sounds like acknowledged kids should split.


Uh oh. A wrench just got thrown in dis bitch. What is the settlement compensating him for? Loss wages? Pain and suffering?

Also, why are we talking about the two children giving anything back? The man got a portion of the settlement while he was alive. Before death, he and his family spent the shite. I don't think the op meant that his settlement was split between wife 3 and the 2 kids.

We need more info:
- will?
- ages of children
- THE MOTHER frickIN' STATE
- and pictures

Ok. Maybe we don't need the last one.
Posted by MSTiger33
Member since Oct 2007
20457 posts
Posted on 8/10/15 at 5:01 pm to
Well, this is my area of practice, just not in LA
Posted by CaliforniaTiger
The Land of Fruits and Nuts
Member since Dec 2007
5303 posts
Posted on 8/10/15 at 5:03 pm to
You may need to get an attorney involved in all of this!
Posted by Layabout
Baton Rouge
Member since Jul 2011
11082 posts
Posted on 8/10/15 at 5:04 pm to
Louisiana has a forced heirship law that applies if any of the children are under 24 or disabled. You really need to consult a Louisiana attorney. Why do people leave messes like this when they die?
This post was edited on 8/10/15 at 5:06 pm
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