Marrero, LA asked in Estate Planning, Real Estate Law and Probate for Louisiana

Q: Grandfather wanted his home to go to my mother, but died before a will was made

My grandpa and grandma own the home. My grandma and grandpa wanted my mom to inherit everything, but before he could make a will passed away. Some of the children will not sign for succesion to give up their father's half of the estate. Could my grandmother leave a will stating that she would like my mom to inherit 100% of her share, leaving my mom with more ownership to the property?

2 Lawyer Answers
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Estate Planning Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: Yes, your grandmother can give all of her interest to your mother, assuming none of her children are under the age of 23 and aren't physically or mentally infirm.

Christie Tournet
Christie Tournet
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Yes. If Grandma and Grandpa owned the land together, and Grandpa had no Will, then his 1/2 share of the property is transferred by default, LA law - to all of his descendants. But, Grandma can still write a will and leave her entire 1/2 share to your mother, if no forced heirs (under 24 years of age or no children with permanent disabilities that prevents them from caring from their own person/property) exist. Your mother will still be a co-owner, but she will have a majority ownership in the property in event partition ever became necessary.

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