Lillington, NC asked in Real Estate Law and Probate for Louisiana

Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.

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

A: If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those siblings, or another parent that survived. La CC Art 891 and 892. A spouse could be third in line as to separate property, but you mention the son was not married. So, only if the son, was not survived by any of those other heirs, would another collateral heir be able to inherit. The collateral closest in blood-degree to the decedent inherits under La CC Art. 896. And, depending upon what all property is involved for the father and son will determine if both successions might need to be opened, or if a joint succession may be possible.

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