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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2236
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My parents lived in Louisiana. my father died, I think without

Customer Question

my parents lived in Louisiana. my father died, I think without a will, leaving the house to my mother, my brother, and me. (according to state law?) my mother now lives in Texas and wants to sell the house in Louisiana. can she keep all of the money, or does she have to share it with me and my nieces? (my brother died, also)
Submitted: 12 months ago.
Category: Estate Law
Expert:  J. Warren replied 12 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.My condolences on the loss of your father. First, Louisiana Intestate Laws are very complex and mechanical and are strictly adhered to. Intestate simply means "with out a will" and the estate is subject to an intestate probate which needs to be filed in the County where the decedent resided.Community property is divided among the surviving spouse and the children of the decedent. The spouse does retain a usufruct interest in the property which means she has a life estate in her share of the community interest in the house but the descendants have a remainder interest. Basically the children (descendants) and surviving spouse have a shred interest in the property with the spouse retaining ownership rights until she passes but is not allowed to sell the property. If the probate court allows for the sell if all parties agree, the proceeds are to be divided among the surviving children and surviving spouse.An intestate probate should be opened which will result in the estate being distributed according to the intestate laws and preventing any selling of property without the proper court order doing so. If the surviving spouse is moving forward without the proper probate procedure, you should retain local counsel immediately to prevent a sale and to assure the property is distributed according State statute.All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Expert:  J. Warren replied 12 months ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).