Mom Died without a Will. Do I Need a Succession Attorney in Louisiana?

Death is inevitable but it is often unexpected. We live our lives knowing that a loved one or we ourselves may pass, but we don’t make the necessary estate preparations. If your mother or father passed away without a will, do you know what your next steps should be?

Louisiana has a complex heirship hierarchy. You may think your dad inherited everything when your mom died but that may not be true. A succession attorney in Bossier City helps you navigate the web of heirship requirements. They understand the raw emotions that come with handling grief while also trying to figure out who gets what when there is no will.

Who Gets to Inherit Mom’s Property?

Succession laws are written so that a family member will inherit a decedent’s property. Rarely will anything go to the state. However, you may be surprised who gets Mom’s property without a will. Here is a basic breakdown of heirship in Louisiana:

  1. Spouse and Children: If Dad is still alive when Mom passes, he retains the usufruct right in any community property. That means he has the right to use the property until his remarriage or death. It also means you and any siblings own the community property in question. You also inherit Mom’s separate property outright.
  2. Children from Many Situations Count: Maybe it has always been you and your brother. That means you two are Mom’s heirs. However, if Mom happened to have other biological children through a separate relationship, they are considered heirs as well. There are many circumstances where other children may qualify as heirs, including:
    1. All children born during a marriage
    2. Biological children born outside of marriage
    3. Adopted children
    4. Any child placed for adoption
    5. Children conceived but not born before the parent’s death
    6. Grandchildren who predecease their parent
  3. Minor Children Get a Bigger Share: If your mother died young and still had children under the age of twenty-four years old at home, they may be entitled to a slightly more significant share of the estate.

Death is not simple and failing to have a will makes it harder for the survivors. A Louisiana succession attorney knows the questions to ask to ensure that all heirs receive what they should according to the law.

Seek an Experienced Succession Attorney in Bossier City for Your Parent’s Estate

Avoid the headache that comes with handling an intestate succession. Seek out the services of a knowledgeable and experienced succession attorney in Bossier City, Louisiana. David L. White can help you get through the process. We will sit down with you and your family and look at all the pieces. We can guide you through what to do with community and separate property, how to handle potential claims, and the needed next steps. We can also help with estate planning so that you don’t face more surprises when the other parent passes. Our dedication ensures all heirs receive what they should. Learn more when you contact us today.

Contact a succession attorney with the experience you need to navigate the complex Louisiana probate laws. Give us a call at 318-747-7023.