What to do if my cousin died 4 years ago and at the time his wife was pregnant but he did not leave a Will?

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What to do if my cousin died 4 years ago and at the time his wife was pregnant but he did not leave a Will?

My family has sold the property. They said that the wife is not an automatic heir, so we need to put the money a Trust for his child until she is of age. How do we go about doing this?

Asked on January 1, 2014 under Estate Planning, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The surviving wife needs to consult with a Wills and trust attorney. Under the laws of all states in this country she is an heir of her deceased husband as well as her unborn child. She most likely will be required to file a petition for intestate succession. An attorney in her locality can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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