Q: Grandmother passed away will left everything to their 3 children. Grandfather passed away left it all to 2 Grandchildren
Grandmother passed 2 years ago, will leaves it all to their 3 children. Grandpa passed a month ago and leaves it all to me and my brother. Whose stands? How is community property split?
A: Since two successions will need to be open, i highly recommend that a successions/probate attorney in the area your grandparents passed be contacted and hired to handle both matters. You do not indicate if grandpa had a will but since it does not go to all children, the most likely there's a will involved; if not, the articles in the Louisiana Civil Code will determine how his property passes. You grandmother's will determines how her property passes. Community property is owed 1/2 each spouse. When a spouse passes, the spouse's portion of the community passes per will or Louisiana law. Thus, based on your post, your grandmother's portion passes to the 3 children, each receiving an undivided 1/3 of her 1/2 interest. Based on your post, your grandfather's portion passed onto the 2 children, each receiving an undivided 1/2 of his 1/2 interest. If their is a forced heir, then this would be subject to the forced heir's portion. Like I said, the children really should consult and hire a successions attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.