Legal Question in Wills and Trusts in Louisiana

When you die without a will in louisiana who inherits the wife or wife and child

when you die in the state of louisiana without a will who inherits the estate the wife only or the wife and children?

thanks,

Judy


Asked on 8/13/01, 10:14 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: When you die without a will in louisiana who inherits the wife or wife and c

If you live, own property in and then die in the State of Louisiana, and without a will, more than likely your children will inherit your property as your descendants ("intestate legal heirs")and your surviving spouse will have a "legal usufruct"(right to continue to use and/or live in the property)over community property until that surviving spouse dies or remarries--whichever happens first.

While the concept of "forced heirship" is no longer the absolute rule that it was in Louisiana even several years ago, dying today without a will (i.e., "intestate") basically lets your property "devolve" upon (i.e., go to)your natural descendants/legal heirs (i.e., your children)--much the same as would have happened under the old forced heirship rules.

Read more
Answered on 8/14/01, 4:37 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Louisiana