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