I am the oldest of a property left in succession. What are my rights cusdial rights in this succession?

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I am the oldest of a property left in succession. What are my rights cusdial rights in this succession?

There are six other siblings involved in equal partenarship to a small property. The property has been abused and interior destroyed. Without a will I’m the oldest wanting restore. I’m meeting with opposition if not resolvedm, I want to bought out of the property.

Asked on June 3, 2009 under Estate Planning, Louisiana

Answers:

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

Answered 12 years ago | Contributor

If there was no will, the property gets passed by Intestate Succession, which means it goes according to the laws of your state:

First, it goes to the surviving spouse

A surviving spouse (not judicially separated from the decedent) is generally considered first when distributing assets, including the decedent's share of community (marital) and separate (nonmarital) property, from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

  • If the decedent leaves no descendants, the surviving spouse is entitled to all of the decedent's share of community property.
  • If the decedent is survived by descendants, the surviving spouse gets the legal right to use (known as a "usufruct") decedent's share of community property for the rest of the surviving spouse's life or until remarriage (whichever occurs first).
  • As for separate property, the surviving spouse has to wait in line after decedent's descendants, parents, and siblings or their descendants.

 

If there is no surviving spouse, it goes to heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows in this order to the deceased's:

  1. Descendants (children)
  2. Parents.
  3. Siblings.
  4. Siblings' descendants.
  5. Ascendants, starting with decedent's grandparents, in the nearest degree of kinship to the decedent.
  6. Collateral relatives, in the nearest degree of kinship to the decedent.

If none of the above relatives exist, it goes to the State of Louisiana.

If there is not surviving spouse, you and your siblings get the property equally.  You will have to work together to make decisions on it.


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 AttorneyPages.com 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.

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