Louisiana disinheritance law .... Help

[brat1]

What is the name of your state (only U.S. law)?
LOUISIANA

My Father Died in 1986 ... Co-owning His Home with my Step-mother.
She Re-married in 1988.
She Has now Passed away.

My Father had 3 Children. (Now Adults).
My Stepmother had 2 Children. (Now Adults).

1 of her Adult Sons and her Surviving Husband live in the Home that my
Step-mother Co-owned with My Father.

***I heard many Years ago that LOUISIANA HAS A "DisInheritance Law".***

Is this accurate? I'd always been told that when she passed away ... that
her Half of the Estate would be devided between her 2 Children AND
that My Fathers Half of the Estate would be devided between his 3 Children.

I don't understand HOW this can work when her Surviving Spouse lives in
the house. HE IS QUITE ELDERLY AND NOT WELL.

HOW DOES THIS WORK?

Thank you for your Kind assistance. >)What is the name of your state (only U.S. law)?

 

[FlyingRon]

It all depends on whether your father has a will and what it said.
It all depends on whether your step-mother had a will and what it said.

The law you want is the legitime that is unique (in the US) to Louisiana. This prevents disinheritance. The disinheritance law is actually the wayl to end that.
With deaths in the eighties, I suspect that legitime still is in play.

While the parents must give the issue a share, they can in a will give a life estate to the spouse, etc...

You probably need to consult a lawyer to straighten this out.

 

[anteater]

....The law you want is the legitime that is unique (in the US) to Louisiana. This prevents disinheritance. The disinheritance law is actually the wayl to end that.

While the parents must give the issue a share, they can in a will give a life estate to the spouse, etc...

To clarify, forced heirship for children in Louisiana is limited:

All children who have not attained the age of 24 years are forced heirs.

All children who are permanently incapable of taking care of their person or administering their estate at the time of the death of their parent, due to a mental or physical incapacity of that particular child, are forced heirs, regardless of the age of the child.

A grandchild is a forced heir of his or her grandparent only if the predeceased child (the grandchild's parent) would have been less than 24 years of age at the time of the grandparent's death.

A grandchild whose parent has predeceased the grandparent is a forced heir if the grandchild, due to mental or physical incapacity, is permanently incapable of taking care of his person or administering his estate at the time of the death of the grandparent, regardless of the age of the grandchild.

 

[nextwife]

It all depends on whether your father has a will and what it said.
It all depends on whether your step-mother had a will and what it said.

The law you want is the legitime that is unique (in the US) to Louisiana. This prevents disinheritance. The disinheritance law is actually the wayl to end that.
With deaths in the eighties, I suspect that legitime still is in play.

While the parents must give the issue a share, they can in a will give a life estate to the spouse, etc...

You probably need to consult a lawyer to straighten this out.

And before disinheritance is even applicable, we'd need to know HOW title was held between dad and step mom at his time of death, and then how title was held when she died. It is entirely possible this real estate was NEVER subject to distribution by either his or her estate.