Houston, TX asked in Estate Planning and Probate for Louisiana

Q: Louisiana probate question regarding if will is enforceable

Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.

Does the grandchild have a claim to the home or since everything went to grandmother when grandfather died, does it only go to their two kids. Grandmother verbally told people she wanted grandfathers wishes followed, but nothing in writing

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

A: Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the titles to all properties.

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