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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My deceased husband had just one sister, the father and mother

Customer Question

My deceased husband had just one sister, the father and mother both have died recently. Who is intitled to my deceased husbands part
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.
My sympathies for your loss. If there is no will, then the laws of intestate succession will govern.
Expert:  LegalGems replied 1 year ago.
A few minutes please as I look into this for you.
Customer: replied 1 year ago.
There is a will. Has been for years. when his mother died he was still alive and his daddy did not give him his part.
Expert:  LegalGems replied 1 year ago.
If there is a will, the will can specify who one's heirs are.
Expert:  LegalGems replied 1 year ago.
Even under intestate succession, the surviving spouse is favored over a sibling for community interests.
Expert:  LegalGems replied 1 year ago.
Even under intestate succession, the surviving spouse is favored over a sibling for community interests.
Expert:  LegalGems replied 1 year ago.
The executor of the estate will typically look to gather and inventory assets, including those that the deceased inherited.
Expert:  LegalGems replied 1 year ago.
Those assets would be distributed according to the deceased's will- typically via the residuary clause.
Customer: replied 1 year ago.
they only had 2 children. My husband and his sister. They were the only ones in the will. what do I have to do.
Expert:  LegalGems replied 1 year ago.
In LA, the statute of limitations for fraud is one year a. Civ. Code art. 3492
Customer: replied 1 year ago.
In the state of Louisiana can a child be excluded from a will
Expert:  LegalGems replied 1 year ago.
A motion to compel distribution and/or a breach of fiduciary duty can be brought by the executor of the deceased.
Expert:  LegalGems replied 1 year ago.
Please see # ***** of attached: http://goea.louisiana.gov/assets/legalservicesfiles/probateandsuccession.pdf - one moment please.
Expert:  LegalGems replied 1 year ago.
So a parent is required to leave, as an heir, a child under the age of 24; or if over age 24 if disabled.
Customer: replied 1 year ago.
That page is not available. you still have not told me what I need to do. you have not helped me.
Customer: replied 1 year ago.
What about his part from his mom who died before her son.
Expert:  LegalGems replied 1 year ago.
That page is from the state - and states that a parent need not leave an inheritance to a child over the age of 24 unless they are disabled.
Expert:  LegalGems replied 1 year ago.
http://goea.louisiana.gov/assets/legalservicesfiles/probateandsuccession.pdf- you can copy and paste that into the URL. I just checked and it is still available.
Expert:  LegalGems replied 1 year ago.
If the will provided for him, then the executor should have distributed the assets to him. If that was not done, the executor of this estate can bring the suit mentioned above.
Expert:  LegalGems replied 1 year ago.
Breach of fiduciary duty; motion to compel
Expert:  LegalGems replied 1 year ago.
Breach of fiduciary duty; motion to compel
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LegalGems replied 1 year ago.
I am unable to participate in a live phone call per the rules of my state bar.
Expert:  LegalGems replied 1 year ago.
However, I would be able to address any issues here if you can let me know what you need clarification on.
Expert:  LegalGems replied 1 year ago.
I know probate, particularly in LA, can be very confusing.

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