Shouldn’t my parents property go to my mother after my father’s death?

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Shouldn’t my parents property go to my mother after my father’s death?

My father recently died in a car accident; he had no Will. My mother went to the lawyer today with my oldest brother to start the succession. She came back in tears after being told that she owned nothing it all goes to the kids even though they had been married 30 years and everything they own was bought/built during their marriage. This makes absolutely no sense to me; I just need to know if this is true or not.

Asked on July 26, 2011 Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In all states, if a person dies without a Will or Trust in place that is valid, the state has its own intestacy laws which sets forth who gets what in order of succession.

You need to review your state's laws as to the passing of assets after a person dies who is married but has no Will or Trust in place. Also, if Louisiana is a community property state, your mother should be entitled to one half of the assets of the community acquired during their marriage as her share.

What you have stated makes no sense that your mother who was married to your father for 30 years receives nothing from your father's estate because he had no Will. I suggest consulting with several other estate planning lawyers on the subject.

Good luck.


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