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Succession Problem

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S

salsin

Guest
i live in louisiana. my uncle passed away and on his deathbed in front of my father, my wife and me stated that he wanted all of his possessions to go to me. when he died my father filed
succession and put the assets in his name. there are two
pieces of property that my uncle had. one piece was in his
name and the other was in my father's name. the property
in my father's name was paid in full by my uncle. the
paperwork that shows my uncle paid for it has been lost in
cleaning the house out. what rights do I have now that
succession has been filed to get the property? Can I get
the property in my father's name without the proof he did
not pay it? what are my chances of getting any of the
estate?
 


L

loku

Guest
The oral wish of your uncle, even on his deathbed, has no legal effect. If he died without a will, his property passes under the laws of intestate (meaning without a will) succession. If your father is his heir under the statute of intestate succession, he gets the property no matter who paid for it.
 
A

advisor10

Guest
SEPT. 13, 2001

DEAR SALSIN:

You must speak to a LOCAL attorney about what your rights are in this situation. The law says that if there is no wife, children, or parents to survive this deceased individual, then everything goes to his brothers & sisters equally OR to their children.

An attorney can tell you whether or not it would be practical to file an objection with the probate court. Perhaps if your wife were to file an affidavit (a signed statement) that testifies as to what your uncle's intentions were (for YOU to get all possessions), then that might have an influence as to how the estate is done, and your father might feel guilty enough to at least give you one of the properties.
 

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