My brother died we are both listed on the deed. without a will do his kids inherit his portion of the house.
James's answer
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Answered on September 20, 2021
If your brother died without a Last Will and Testament and is survived by children, then typically yes, they now are your co-owners. However a...
Can a Durable power of attorney be ignored by a doctor or hospital?
James's answer
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Answered on September 11, 2020
Unfortunately, this can happen. When a power of attorney is rejected, you should ask that they send your document to their legal department and...
Archived
What legal document do I need to ensure his/my children cant make the other sell our house?
James's answer
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Answered on March 04, 2020
Based on the short facts given, your concern is very valid. Without a Will, his children could file to send your home to a sheriff's sale and force...
Archived
Can a will be changed by a living spouse?
James's answer
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Answered on March 04, 2020
There is a reason the answer is usually "it depends." The law is very complex and you have to weigh certain things against others. You will need to...
Archived
What is the process for succession?
James's answer
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Answered on March 04, 2020
Separate property - like inherited property in this case - goes to the decedent's children, not spouse. So you need to take charge and ensure...
Archived
Vehicles after death no will?
James's answer
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Answered on March 04, 2020
They should be yours given they are your father's separate property and he had no Will. The OMV has an administrative policy allowing you to claim...
Can you give parental rights to grandparents in a Will?
James's answer
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Answered on March 04, 2020
You are allowed to designate a tutor for your minor children in your Will, but usually this cannot trump a natural tutor - the legal father. These...
Can a Will over-ride an inheritance?
James's answer
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Answered on March 04, 2020
Short answer, yes. The child would have to invalidate the Will or have a successful forced heirship claim in order to inherit anything. Both of...
Archived
In Louisiana, does a grown child inherit every house their mother has after being bought out their inherited portion?
James's answer
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Answered on March 04, 2020
A common mistake is made when you are thinking about giving a child their inheritance before death. Agreements to alienate inheritances before they...
Archived
Does it matter who opens succession?
James's answer
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Answered on March 04, 2020
Yes, it does matter. Being the succession representative (administrator/executor) gives you some control over the process and ensures you have...
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