Ferriday, LA asked in Estate Planning for Louisiana

Q: Mom passed away,no will.step-dad passed away 9 days later, will leaving all to his kids.where do I stand?

Mom and step-dad were married thirty years. Does step-dad's estate have to pay final expenses for my mom? Do my sibling and I have any rights to inherit any property or money?

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Estate Planning Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: The answer to your question depends on when the property was acquired and whether they had a prenuptual agreement. If there was no prenup and the property was acquired during the course of the marriage, it's community property, and you have the right to inherit. If step-dad owned it from prior to marriage. or if he inherited it, it's his separate property and you would not have the right to inherit. You should consult with an attorney to determine your rights.

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