Do half siblings inherit the same as whole siblings for intestate deaths?

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Do half siblings inherit the same as whole siblings for intestate deaths?

If so, at what percentages is the inheritance split? My son died and he was never married. His father has one other child with his current wife. I have 2 other children with my current husband. I have spoken to 4 lawyers and gotten 4 different answers.

Asked on August 10, 2010 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Louisiana has a very confusing intestacy code.  The best bet for clarification is to go to the Probate Court and speak with the clerk or law secretary of the Judge, who can not give legal advice, but can let you know who gets what under the law.  In any event I am going to reproduce the statute here for you that I believe applies:

"If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents.  If both parents survive the deceased, the usufruct shall be joint and successive."

Civil Code, Art. 891

As for the whole and half-lood issue, see below:

"The property that devolves to the brothers or sisters is divided among them equally, if they are all born of the same parents.  If they are born of different unions, it is equally divided between the paternal and maternal lines of the deceased: brothers or sisters fully related by blood take in both lines and those related by half-blood take each in his own line.  If there are brothers or sisters on one side only, they take the entirety to the exclusion of all relations in the other line."

Article 893

Louisiana is the only state that uses a "usufruct" and it is confusing even to attorneys that practice in this area of the law in other states.  A Usufruct is a temporary right in the use and derivation of income from another's property.  Try and get a recommendation for an attorney that deals in this area on a daily basis.  Good luck.


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