Legal Question in Wills and Trusts in Louisiana

Death of a spouse

My husband is purchasing a new home for he and I. My husband has an adult child from a previous marriage and I have a minor child from a previous relationship. In the event that my husband dies does his daughter have any rights to my home that was purchased during our marriage even though the home is in the deceased's name. Also, does his child have the right to ask me to leave the new home after the death. What rights do I have being a widow with a step child?


Asked on 8/12/02, 3:23 pm

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Re: Death of a spouse

If your husband dies without a will, his separate property (property he owned before marriage) and his 1/2 of community property (property acquired after marriage) would be inherited by his daughter. Your would have usufruct (use) of the community property until you remarry or die.

There are things you can do in a will to protect your respective interests in property, for yourselves and your respective children.

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Answered on 8/14/02, 9:52 am


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