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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 28475
Experience:  Texas lawyer for 29 years in Estate law
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My brother recently passed away with no will or wife or children.

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My brother recently passed away with no will or wife or children. He is predeceased by all parents and grandparents. He is survived by 3 sisters. One is full sister, two are half sisters and neices and nephews. What is the order of beneficiaries for the division of property? And are there any qualifying issues? He resided in the state of Louisiana.
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Thanks for your question and good afternoon.My sympathy for your loss of loved one.

Here in Louisiana his estate passes under the laws of intestacy.You would need to make application for court supervised probate called succession in the parish where he resided.The court would appoint you succession representative here and supervise administration of the estate.This would include gathering assets, paying creditor claims and taxes if any, liquidating assets, and distributing the remainder of the funds to the legal heirs under the laws of intestacy as follow below..

 

 

Things are more complicated if the deceased person had half-sisters as you state. In that case, the deceased person’s property is divided equally between his or her mother’s and father’s family lines. The mother’s family line gets one-half of the property and the father’s family line gets the remaining half. Any sisters with the same parents will inherit through both lines. The half-sisters will only inherit through the mother’s or father’s line, as the case may be.

 

Ultimately the court makes findings who is an heir and their share to be distributed to them in final distribution.

 

Reference to probate.

http://www.google.com/url?sa=t& r ct=j&q=&esrc=s&source=web&cd=6&ved=0CFAQFjAF&url=http%3A%2F%2Fwww.nolo.com%2Flegal-encyclopedia%2Fintestate-succ ession-louisiana.html&ei=3kSFUY2qIpO29gTAl4CwBQ&usg=AFQjCNFWz_UP1I64I1IaYN9duLi8iBd9aQ&sig2=cC4Liler06xdrVBFQ1b9mQ&bvm=bv.45960087,d.eWU

 

 

Your first step here would be to obtain a local probate lawyer and then make application and go from there.Once you are appointed succession representative you will need an EIN number from IRS.This number takes the place of the deceased's social security number and goes on the estate account, tax returns, etc.

 

EIN number information.

 

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-%28EIN%29-Online

 

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

 

You would be entitled to a fee of 2% of the value of the estate as set out in the inventory to serve here as succession representative.

 

 

 

 

You can locate a probate lawyer here.

 

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=LA

 

 

 

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

This communication does not establish an attorney client relationship here.Information providedis not legal advice. Rather it is simply general information.

 

 

 

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 28475
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 11 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 11 months ago.
Here is one more reference that I thought might help you understand the process .I know that this can all be kind of overwhelming sometimes.Thanks again for letting me help you.

http://www.lsba.org/PublicResources/BrochureDetails.asp?Brochure=3&Menu=PR

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