QUESTION
Can a family member take a car after their mother passes before a session is done and are the others entitled to it?
Asked on Jul 27th, 2014 on Estate Planning - Louisiana
More details to this question:
Three heirs on a house, one lot and a vacant lot. There is also a 2008 car that two of the three sons wants and one has both sets of keys. Bank account in the name of listed as one of the sons and the deceased. CD at bank also listed that way. That son lived at home the longest but eventually moved out. Are the other sons entitled to her part of CD or bank account if there is no will?
1 ANSWER
Estate Planning Attorney serving Baton Rouge, LA
at
The Stutes Law Group LLC
Update Your Profile
If the mother left no will, the estate will pass according to the Louisiana laws of intestacy (dying without a will). Under usual circumstances, the children inherit equally. A succession will still need to be opened, but depending on the value of the property, it may be able to be done by affidavit. The ownership of the bank funds is not determined by whose name is on the account, but whose funds they actually are (or were). If it was all your mother's money with her son's name on the accounts for convenience, the money must be included in the succession.
Answered on Aug 04th, 2014 at 8:51 PM