What is the name of your state?I live in Texas, but my father died in Louisiana.
Here's my situation:
I currently live in Texas, and my father just died intestate in Louisiana. He had been separated from his wife (my stepmother) for about two years, and my father had just recently moved about 250 miles away from her. Prior to his move, they had lived in the same city, but in separate dwellings due to a lot of circumstances that I would rather not go into here. Anyways, although they have been residing in separate places for the past two years, it's my understanding that Louisiana law states that they should have filed in a court for legal separation-which they never did. Is this true? Also, she's stating now that she gets everything in his apartment and I get nothing-which, honestly wasn't much. I have been reading into community and separate property laws for the state of Louisiana, as well as what the law dictates what should happen in situations such as mine, and, from what I understand, she actually would get usufruct of his property until she remarries or dies. Who is right-her or me? Another part of this is that she is claiming that she is the beneficiary on his IRA from his previous place of employment. I found the paperwork amongst his things, and although it does list her as the benefiary, it also shows that he took all of the money out and accounted it as their income for the year of 2005 which leads me to believe that there is really nothing for her or I to fight about. Honestly, when he died, he barely had a bed to sleep in, much less anything else. The most valuable thing that he had was his pick-up truck, which my family and I have been begging her to come and get if she really wants it that badly. My family and I can't quite figure out why she is acting like she is going to sick her lawyer on me when we feel there is really not alot to fight about here. My question (sorry it took so long for me to get to it!) is- should I go ahead and try and contact a lawyer in Louisiana for an estate that really doesn't have much to fight over? Or should I wait to see what her next move is legally?
Thank you so much for reading through my long-windedness, and answering my question! I really appreciate it!!!
Here's my situation:
I currently live in Texas, and my father just died intestate in Louisiana. He had been separated from his wife (my stepmother) for about two years, and my father had just recently moved about 250 miles away from her. Prior to his move, they had lived in the same city, but in separate dwellings due to a lot of circumstances that I would rather not go into here. Anyways, although they have been residing in separate places for the past two years, it's my understanding that Louisiana law states that they should have filed in a court for legal separation-which they never did. Is this true? Also, she's stating now that she gets everything in his apartment and I get nothing-which, honestly wasn't much. I have been reading into community and separate property laws for the state of Louisiana, as well as what the law dictates what should happen in situations such as mine, and, from what I understand, she actually would get usufruct of his property until she remarries or dies. Who is right-her or me? Another part of this is that she is claiming that she is the beneficiary on his IRA from his previous place of employment. I found the paperwork amongst his things, and although it does list her as the benefiary, it also shows that he took all of the money out and accounted it as their income for the year of 2005 which leads me to believe that there is really nothing for her or I to fight about. Honestly, when he died, he barely had a bed to sleep in, much less anything else. The most valuable thing that he had was his pick-up truck, which my family and I have been begging her to come and get if she really wants it that badly. My family and I can't quite figure out why she is acting like she is going to sick her lawyer on me when we feel there is really not alot to fight about here. My question (sorry it took so long for me to get to it!) is- should I go ahead and try and contact a lawyer in Louisiana for an estate that really doesn't have much to fight over? Or should I wait to see what her next move is legally?
Thank you so much for reading through my long-windedness, and answering my question! I really appreciate it!!!