Legal Question in Family Law in Louisiana
Old-Age Marriage in Civil Law State
My grandma, in her late 60s, is marrying for the second time. What concerns me is the nature of marriage law in civil law Louisiana, and the extent to which assets are intermingled by law, and by living together, even with a prenuptial agreement, which she's agreed to have drafted.
Two of his children, one of whom is quadriplegic, still live with the father, whose home will be given to them after he moves into my grandma's. I anticipate costly heart and vascular problems in his near future (he's in his early 70s).
My grandma worked hard and saved to accumulate her modest estate with my grandfather, and they desired their estate to be split between their two children.
What absolutely needs to be in the prenup to protect her property from intermingling with his and risking her kids' inheritances? How can she protect her estate from claims by his children (two of whom, I think, would have reason to take any legal claim)?
1 Answer from Attorneys
Re: Old-Age Marriage in Civil Law State
She and I repeat She, should seek the advice of an attorney if She, and I repeat She, wants a prenuptual. You say She wanted the property She and grandfather accumulated to go to their 2 kids, and she can protect that. You mention Louisiana as a Civil Law State as if it was something foreign. Louisiana is a community property State. 9 States are community property states. New Hamshire law, Title XLIII Section 458:16a assumes that equal distribution of property is proper. Litigation might result is something different, but it would have to go to court. So not much different. She needs to seek legal advice in person.
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