Legal Question in Family Law in Louisiana
Surviving children right
If a father dies and prior to the time of his death is remarried . What right to the real estate property that was paid in full prior to the second marriage does the surviving spouse have. First wife is deceased. Does spouse have right to remain on property , if she desires to move. can she sell property or does property revert back to the first marriage's children. No Will at time of fathers death.
2 Answers from Attorneys
Re: Surviving children right
Assuming the property is the community property of the father and deceased wife, then when wife died, her 1/2 went to her heirs subject to the use of the father. Upon his death, his 1/2 goes to his heirs. If the deceased wife's heirs and father's heirs are the same, then they now own it all. The new wife has neither a right to ownership or possession.
Re: Surviving children right
If there is no will, the second wife has no right to property acquired by her husband before the marriage. It is the property of the children.
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