QUESTION

Mom left will, stating her share of house went to grandson. The other half of the house was to be divided up between remaining 5 children.

Asked on Apr 12th, 2015 on Estate Litigation - Louisiana
More details to this question:
While my dad & mother was alive. Dad left no will, he passed away 8 years ago. There is one house in question, no outstanding bills. My mother left her share of the house to one grandson. There were 7 children of the marriage between them. According to the will that my mother made later she left her share of the house to this one grandson. According to the will the other half is to be divided among remaining children. This one grandchild has lived in the house for the last 8 years after our mother was put in a nursing home. This is happening in the state of Louisiana. We the other 6 children are wondering what rights do we have.
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1 ANSWER

Estate Succession Attorney serving Metairie, LA at Offner and Scott, APLC
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Thank you for your question. I assume the house was owned by both your mother and father.  If so, you have to think of the ownership of the house as having two (2) halves.  One half was owned by your father and the other half by your mother. Upon your father's death, his one half ownership of the house would go equally to all of his children since he did not have a will.  Those children basically co-owned the house with mom until her death. Upon your mother's death, her one half ownership of the house will be transferred to whoever she named in her will, assuming it is a valid will and the original of the will can be located.   You mentioned that mom's will says that one half of the house is be divided among the remaining children.  Remember, mom cannot give away the half that dad owned.  So depending on how this is worded in her will, this might result in one-half of her one-half going to the children.  This would possible result in the children owning three fourths (one-half from dad, plus one-fourth from mom) of the home, with the remaining one fourth by the grandchild.  You will need an attorney to look at if for you to determine if this is the case. Our office handles succession issues like this daily.  You  can learn more about us at www.LouisianaSuccessionAttorney.com Sincerely, Brad P. Scott Probate and Successions Attorney
Answered on Apr 13th, 2015 at 7:38 AM

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