Legal Question in Real Estate Law in Louisiana
I was married and have a disabled, 27 yr old son. We were married for almost 15 years, we divorced 13 years ago, and he lives with his mother. Move forward I married my present wife 4 years ago. I sold my house which was all mine from the property settlement of ex. I moved in to my wife's house, which she already had, she built it 5 year prior to our marriage. I'm now totally disabled and my ex and son hates my wife. She is afraid that if I die they will fight her for my part of the house, vehicle, etc. My ex and son has a good income, etc. How can I protect everything my wife has worked hard for and still feel good about things? I'm in Louisiana. Thanks for any help, at this time I'm not financially able to consult a lawyer on this matter. I have started a will but I'm stuck on wording it right.
Thanks,
James
2 Answer from Attorneys
The house is your wife's separate property unless you have paid notes or upkeep. If this has occurred, the property is still hers but you or your heirs might be entitled to reimbursement. You can do a donation inter vivos of any interest in the property to your spouse also. You can certainly do your own will but it will need to be in your handrwriting and signed and dated on each page. No special wording is necessary but it should identify who you are leaving property to, say who your children are and their birthdates, who your spouses are/were and when you were married/ divorced. Your disabled son is a forced heir so he will get about a 1/4 of anything you may still own at the time of your death. If you have children who are not disabled, you can disinherit them after the age of 23. In the will you should state your wishes as clearly as possible. Make sure it is in a safe place and that your wife, pastor, children or whomever you want to have a copy .
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