Houston, TX asked in Probate and Estate Planning for Louisiana

Q: My farther died with a will leaving everything to my step mom. But she did not do as a session in the state of Louisian

So what happens next since everything is still in both their names what does that mean for his children

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2 Lawyer Answers
Steven J. Fromm
Steven J. Fromm
  • Estate Planning Lawyer
  • Philadelphia, PA

A: If I understand you correctly, your step mom did not probate the will because everything was held jointly. If this is the case then all assets are now hers by operation of law. You and your children have no right to any of those assets. She is free to dispose of them in any way she chooses. She could include you in her will but it is totally within her rights to not include any of you. Your dad could have protected you with a well conceived estate plan or a prenuptial agreement, but for whatever reason or reasons, it appears he did not do so.

3 users found this answer helpful

Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Covington, LA
  • Licensed in Louisiana

A: His wife needs to open the succession.

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