Many, LA asked in Probate and Estate Planning for Louisiana

Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.

If your mom owned the rental properties jointly with your stepdad, the ownership may have automatically transferred to him upon her death, depending on how the title was held. This is often the case with joint tenancy, a common form of property ownership between spouses.

However, if the properties were solely in your mom's name or if she had a will specifying a different distribution, you and your sister may have a claim to the rental income. The specifics of your mom's will, if one exists, and the nature of her ownership in the properties are crucial.

Since your mom passed away three years ago, it's important to review how her estate was handled. This includes understanding any probate process that took place and the distribution of her assets.

Given the complexities involved, it would be wise to consult with an attorney who has experience in probate and estate law. They can review the specifics of your case and provide guidance on your legal rights and any potential entitlement to rental income from these properties.

Remember, each situation is unique, and legal advice tailored to your specific circumstances is essential in understanding and asserting your rights.

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

A: Following up on attorney Arrasmith's post, I second his recommendation that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate. Additionally, 1 other thing to point add which was not mentioned by attorney Arrasmith is that your mother via a will and/or Louisiana law may have given your stepdad usufruct over poritions of your Mom's estate, including the rental properties. Again, please consult with a probate/succession attorney in your area to specifically discuss your Mom's estate so you and your sister can have a better idea of your rights at this time. Good luck.

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