My aunt passed away recently and left no will. She resided in Louisiana. How is her estate divided?

She lived in Louisiana, was never married, had no children, her parents are dead. She has one living sister and one deceased brother with 2 children. How is her estate divided?

Asked on March 16, 2012 under Estate Planning, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your aunt.

Since she died without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will. 

Your aunt's estate would be divided as follows:  Her surviving sister would inherit one half of the estate.  The two surviving children of her deceased brother would inherit the remaining one half of the estate.  The sister receives one half.  Each of the two surviving children of your aunt's deceased brother receive 1/4.   (1/4 + 1/4 = 1/2).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.