QUESTION

How can we make my dads estate liable for my mothers estate?

Asked on Mar 02nd, 2017 on Estate Litigation - Louisiana
More details to this question:
Mother passed in 1998 leaving her children her half of the estate, stocks, bonds, annuities approx. $380,000 and property. Dad had usufruct of income of stocks, etc. Dad passed 9/ 2014 leaving his widow as beneficiary. She says there is nothing left in his estate. Dad may have spent the principle. There is real estate, 2 homes with no mortgage and she receives oil and gas royalties monthly. She refuses to produce statements of the accounts that Dad had usufruct of. We do know that some accounts were transferred from Morgan Stanley to another broker in June of 2014. Went to court to have her removed as Executrix, judge said our attorney was to vague.
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1 ANSWER

Maryellen Sullivan
Louisiana law is pretty different from other states so I would encourage you to talk to a lawyer there.  But I will give you some general information that I think, although am not sure, is true for all states.  It sounds like you and your siblings inherited some stocks, bonds, annuities, and property in 1998.  I'm not clear whether your dad had usufruct over those assets or whether he had usufruct just over the assets he inherited personally.  Your dad remarried at some point, and it sounds like he left everything to that wife.  Any assets that your dad inherited from your mom that were not encumbered by a trust, he was free to spend or transfer to his second wife.  Trust assets are usually not subject to probate process, but the the legal document that created the trust or his usufruct should include some language about who replaces your dad as trustee when he passes away.  That is the personl that you should be in contact with to determine whether you are entitled to any assets.  I'm not sure why you were in court or what your attorney failed to prove, but your rights and any actions you should or can take depend on the details of the usufruct, what assets are involved, what court action has taken place so far.  It honestly doesn't seem to me that you will be able to get sufficient legal guidance online.  I recommend speaking to another lawyer in LA who specializes in probate litigation. 
Answered on Mar 03rd, 2017 at 8:09 AM

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