<p>^Ooh, Montegut, when I went to law school, one of the things that was often said in studying the “common law” was that in Louisiana, things were a whole lot different. Which is a good point for all - estate planning is local to the state that you live in and where you own property, so a good lawyer is needed to protect those needing protection. I can’t understand why the lawyer didn’t protect your mother better, but I am totally unfamiliar with Louisiana law.</p>
<p>Montegut-If the lawyers insured that it was “separate property,” why did your sil get the share that should have gone to your mother? I HATE these kinds of stories!</p>
<p>^^^
My SIL did not get the money. My brother’s children got the money. Of course, she is their tutrix, so you know where it went. The kids range in age from 5 to 15. For all I know, she has it in an account for them to use when they’re 21. I’m not involved. We don’t even see the kids. </p>
<p>Y’all bring up a good point about the different assets in the different states. My brother was a resident of another state when he died, so we had to open up succession in Louisiana when we went to sell “mom’s” house. We almost lost the sale of the house because this delayed the process. We took a major loss on the sale of the house, but we were willing to do that to complete the sale, as the house had been on the market for two years. This was even before the housing depression, 2008.</p>
<p>Montegut, I think the question is remaining as to why your brother’s kids got the money (since you say the SIL did not) when the lawyer had set things up as “separate property” in regard to your mother? Sounds sad that you do not see your brother’s children but I would imagine that’s another story!</p>
<p>sev- he said above that LA law required he and his siblings to receive half the father’s estate, maybe it is that same rule? Interesting that the brother suffered those hassles of the Dad dying intestate yet still did not prepare a will…though we JUST updated our 20+ year old wills. Admittedly everything would still have gone to our kids, but the guardian had to be changed and some of the other details.</p>