Yes, you do have a right to at least some of your sibling’s property if your brother or sister died without a will and without a surviving spouse, descendant, or parent. You understandably want to keep your sibling’s property in the family, and Louisiana’s intestacy laws allow you to do so.
Sibling Rights in Louisiana Intestate Successions
If your brother or sister dies without a will and does not have a spouse, children (or other descendants), or living parents, you have the right to inherit your sibling’s property.
However, you may not inherit all of your sibling’s property. You may have to share with your surviving brothers and sisters. According to Louisiana law:
- Surviving siblings share equally in the deceased sibling’s separate property if they had both of the same parents as the sibling who died.
- Surviving half-siblings may also inherit property from their sibling. If there are half-siblings, the decedent’s separate property is divided equally between the siblings on the mother’s side and the siblings on the father’s side. In other words, one-half of the property goes to the siblings who are related through the mother, and one-half of the property goes to the siblings who are related through the father, even if there are more siblings through one parent than the other. If some siblings are related through both the mother and father, those siblings may inherit property from both sides of the family.
Even if your sibling died with a surviving parent, you could still inherit property. In this situation, you and your other surviving siblings inherit your deceased sibling’s property, but your sibling’s parents have a usufruct interest in the property. That means, your sibling’s parents may use the property during their lifetime.
However, if your brother or sister was married or had a child, grandchildren, or great-grandchild, you will not inherit anything according to Louisiana’s laws of intestacy.
Avoid Complications With the Help of a Louisiana Succession Attorney
Intestate succession cases are often complicated, particularly if there are half-siblings who may inherit property. Our experienced New Orleans succession attorneys are here to make sure that all of your rights are protected. Call us, or contact us through this website today to learn more.