Ruston, LA asked in Estate Planning for Louisiana

Q: husband lost his parental rights around 8 years ago, 1 of the children was adopted, are they heirs to his estate?

oldest is 23 yoa, other that was adopted is 18 yoa

the will is signed but unfortunately he passed before getting it notarized but his mother was there when the will was discussed and knows what he wanted because they discussed it

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

A: Under Louisiana law, an adopted child can inherit both from the natural and the adopted parents. Also, unfortunately, there are only 2 valid will forms - a handwritten or notarial will. So, if the notarial will was not fully executed/notarized, then, it will not be considered valid and the estate may go by default, inheritance rules. Those rules vary depending upon whether your husband had community or separate property, but the children will have inheritance rights under both scenarios. You should consult with counsel local to you and well versed in probate to discuss these factors and to obtain a more precise recommendation for proceeding.

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