Legal Question in Real Estate Law in Louisiana
my brother in law is ill he is married but only had childern (adult's now) from his first wife. there is a house they live in and some land and 2 rental house. we are pretty sure there is not a will. who will inherit the property. wife, adult children or both
2 Answers from Attorneys
Both the wife and children.
I don't know where Ms. Lucas got that. His wife will not inherit anything from him if he doesn't have a will and he has two kids. His kids inherit 100% of his estate and his wife inherits nothing at all. She does own 50% of anything which was purchased during their marriage and she will get usufruct over any community property, but she will inherit nothing. If that property you are talking about was community property, his wife gets her 50% and usufruct over his 50%. If that property was already his separate property, it goes to his kids and his wife gets nothing. No usufruct. Nothing.