What can I do about who inherits from my mother?

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What can I do about who inherits from my mother?

My mom didn’t leave a Will but I know what she wanted done’ lots of people know what she wanted done about her stuff. My sister wasn’t to get anything. She wants a third of everything though. Is there anything I can do?

Asked on March 22, 2018 under Estate Planning, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you mother died without a Will, she died "intestate". Accordingly the "intestacy" or "succession" statutes of the state in which she was domiciled at the time of her death will control the distribution of her estate. Typically, such a distribution is 1/2-1/3 to their surviving spouse, if any, and the remainder to their children. Accordingly, whether or not your mother wanted to disinherit your sister has no legal effect. As one of your mother's heirs she is entitled to an equal share of the estate (in this case 1/3). If you mother felt strongly about not leaving your sister anything, she could have executed a Will or set up a Trust.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you mother died without a Will, she died "intestate". Accordingly the "intestacy" or "succession" statutes of the state in which she was domiciled at the time of her death will control the distribution of her estate. Typically, such a distribution is 1/2-1/3 to their surviving spouse, if any, and the remainder to their children. Accordingly, whether or not your mother wanted to disinherit your sister has no legal effect. As one of your mother's heirs she is entitled to an equal share of the estate (in this case 1/3). If you mother felt strongly about not leaving your sister anything, she could have executed a Will or set up a Trust.


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