when my father died should i have got a part of his life insurance, part of his assets, and part of his house?

Question

My mother said my father did not have a will then she says he did have one but she will not let me see it. She acts weird when I ask her about anything to do with my fathers will. How does it work here in Louisiana? Also my parents adopted me when I was only a few days old so my mother is now saying that I will not get anything when she dies because I was adopted and she is leaving everything to my cousins and her dog. Can she do that by any chance? I am just curious how it works because my father would not have wanted it like this. My father and I were very very close but my mother and I were never close. I also have a son which is her grandson so would anything go to him when she dies even if she tries to leave everything to my cousins and the stupid dog? I did call the clerk of court to see if my father did have a will that was filed but there was nothing there at all and they checked as far back.at 1974. My father passed away just 3 years ago. My mother os actually an attorney also

Douglas Lee Bryan · Answer

In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage.  His succession would have been filed in court in the parish of residence at the time of his death; therefore, you should be able to determine by calling the clerk of court whether (1) a succession was ever opened on him, and (2) whether he had a will.  His will, if he had one, would have to have been probated in his succession.   
 
Adopted children are considered children of a person, just as if they had given birth to them.  Therefore, any representation to the contrary by your mother was a lie.  Also, if a succession was not opened, perhaps you should open one, to ensure your interests are protected.  Give me a call toll-free at (866) 368-4279 and I'll be happy to discuss this with you further.

Christie Tournet · Answer

Sorry to hear about this predicament.  If your father formally adopted you and your vital records evidence this, and your father passed "without a will," then you (and any other siblings) actually inherit your father's estate -- his entire separate property and his share of the community property.  Then, the surviving spouse only receives a legal usufruct over the former community property until her death or remarriage, but you would be the ultimate, end owner (called a naked owner) of your father's portion.  This is considering if he died without a will/intestate.  If he had a will, he may have also provided for you, but by will, a parent does not necessarily have to leave children an inheritance (aside from forced heirs).  So, yes, your mother can write her will, as she may have indicated.  But, likely more pressing for you is to determine, if succession has been opened (in the Parish of Decedent's domicile is best place to check) and if no will exists, you likely have an inheritance.  Wills are not generally filed in public records, but the succession proceeding will certainly show up, if opened.  Discuss with local probate/succession counsel and best of luck.

Q: when my father died should i have got a part of his life insurance, part of his assets, and part of his house?