Married Person Dies With No Will: Louisiana Rules
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- čas přidán 24. 01. 2020
- In , married people can have two types of property: separate property and community property.
When a married person dies intestate owning separate property, their separate property goes to their children. Their surviving spouse inherits the usufruct of their one-half of the community property, until the earlier to occur of death or remarriage. Children of the deceased spouse inherit the naked ownership of the deceased spouse's community property.
Different rules apply regarding the usufructuary's rights over these assets, depending upon whether the usufruct is over a consumable item or a nonconsumable item.
A Succession (also known as "probate") will be necessary after each spouse dies in order to transfer assets out of the name of the deceased parent and into the names of the heirs.
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Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
Thank you Paul! Love your video, feels like I'm in a law school and you're a very good professor!
Hah HF🤓
I wish you would answer follow up questions and help people further
Based on your example, in Georgia the wife and kids split everything with the wife getting no less than 33% of the share of the estate. It sounds like in your Louisiana example the wife essentially gets everything (accounts,property,etc) with the understanding that the consumable items the wife has a usufruct of would be owed to the children's estate and any property she wants to sell would require their permission? Just want to make sure I'm understanding you correctly.
I live in Louisiana my father passed with no well. My mother purchased the property the house sits on. She has gone to an attorney and made me executor and left me her half. Please tell me how this is going to go down because my brother has not done anything I take care of my mother that is very ill. We have open secession on my father and my brother wants cash up front. He wants half the house and has threatened me to go to court to get it. I do have a letter from her doctor stating that she was in her right mind when she did the will.
Your fathers community property half goes to your mom then after she dies I think his part goes to you both
What if Louisiana couple, no known will, also has property in another state (MS)?
I need information on community land with wife, husband died with out a will. They have 2 small children 2 and 6 years old. She wants to sale two acres of the 3 1/2 acres that's community land value at 5000.00.
Buddy had 2 wills one that was signed and witnessed another that was never signed what will the judge do. 1st one was signed 2nd one not signed. What will the judge do? 1st "will" gave all to the daughter (age 30). The second "will" gave some to wife and daughter.
Is a will or trust better?
Hi mr. Paul my name is Paula I have a question? Let’s say our aired home was willed to the spouse that spouse (being a male) is said to be married to Another male (their spouse) and he expires and the male remarried can our aired home be willed to the new spouse and how do we as part owners open succession on my father’s part of the home he didn’t have a will and can he make us move from the home