New Orleans, LA asked in Estate Planning and Probate for Louisiana

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?

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

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.

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