New Orleans, LA asked in Real Estate Law and Probate for Louisiana

Q: If my dad died with no will and left an estate, how does it work?

I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the stepmom out and can't afford to buy us out and believes she doesn't have to. We believe we won't get anything if our sibling lives there.

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

A: I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive estate which includes real property----when this exists, my advise to people is to set up a consultation or 2 with a succession attorney to obtain a better understanding of this process and the best way to proceed moving forward, which may include hire an attorney to represent your interests. Good luck.

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