Legal Question in Wills and Trusts in Louisiana
community property and forced heirship
My husband's will states that he leaves all of the community property to me except for the forced portions to his 4 children, 2 from previous marriage, and this property shall be subject to a usufruct in favor or me.It also states his separate property goes to his 4 children.Does community property include everything we have bought together, animals, cars, etc. and can I sell these things after his death? Also we paid off a mortgage on separate property for 15 years.Am I entitled to half of this payment on this land?In other words do I have to separate everything with the children?
1 Answer from Attorneys
Re: community property and forced heirship
In general, community property includes any assets acquired during a marriage, assuming that there was no prenuptual agreement. Community property does NOT include assets owned prior to a marriage or assets acquired by a spouse as a gift or inheritance. If your husband's will leave all community property to you, you would be able to sell it after your husband's death.
Forced heirship was pretty much eliminated beginning in January, 1996. The only forced heirs are children under the age of 24 or children who are physically or mentally unable to manage their own affirs.
You don't say whose separate property the mortgage was on. If community funds were used to pay off the mortgage, the surviving spouse would have a claim against the separate property for these payments.
It sounds like your husband's will was drawn up some time ago. There have been several significant changes in the law over the past few years. I would suggest that both of you consult with an attorney and have that will reviewed and updated, and that you also have a will if you do not have one already.
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