Legal Question in Wills and Trusts in Louisiana
Dividion of estate.
If a man dies and does not leave a will, how will his �estate� be divided? He has a wife and 4 grown children. (2 with first wife, 2 with current wife)
2 Answers from Attorneys
Re: Dividion of estate.
Half of community property belongs to the current wife. The other half of the community, and any separate property he has, goes to the children in equal shares, but subject to the his wife's usufruct(she has the right to live in or recieve income from the the property until she dies or remarries). So, for example, if his only asset is a home that is community property, when he dies the wife would own half the house and the four children would each own 1/8. Because the wife has usufruct, she would be entitled to live in the house or collect rents from it until she dies or remarries.
Re: Dividion of estate.
In general, and assuming that all assets are community property, the children inherit half, the wife owns the other half, and the wife has usufruct (use) of the assets inherited by the children.