Death of a Parent who has rights?

[lacytodd]

What is the name of your state (only U.S. law)? Louisiana
Who has the rights to a parents body and possesions after death, the adult child OR the mother of the deceased?

 

[nextwife]

The spouse.

 

[lacytodd]

I am confused, nobody was adopted... My brother in laws father recently died, and now his fathers mother (bro in laws grandmother) is now trying to take control of his fathers body and all his possesions... No will, but who has legal rights to make decisions on the deceased fathers estate???

 

[Kiawah]

If there was a will, somebody will start probate, and assets will eventually be distributed as per the will.

If there is no will, somebody will start probate, and assets will eventually be distributed as per the intestate laws of your state.

http://www.medlawplus.com/library/legal/states/louisianaintestatesuccession.tpl

 

[TinkerBelleLuvr]

http://www.bernardduhon.com/wills.htm

Child trumps Grandma.

Without a will the laws of Louisiana determine who gets your property. If you die without a will Louisiana law requires that your estate passes as follows:

If no children – spouse gets all the community property, your nearest blood relatives get your separate property.

If there are children – your spouse gets one-half of community property and the use of the other half until remarriage and children share in the remaining one-half of the community and all your separate property.

If you have no spouse – children share equally in the estate.

If no spouse or children– parents and siblings share.

If none of the above – grandparents or the descendants share.

If none of the above – nearest relative inherits the entire estate.

If no relatives – the State of Louisiana receives the entire estate.

 

[TinkerBelleLuvr]

http://research.lawyers.com/Louisiana/Estate-Planning-in-Louisiana.html

sounds like child needs to open probate.