Legal Question in Wills and Trusts in Louisiana

Who is entitled to inherit real property within Louisiana when there is no will and there are no children? There is a surviving spouse and the deceased has a brother and sister. Does the surviving spouse receive 50% and does the remaining 50% go to the Brother and Sister?


Asked on 7/16/10, 5:44 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

More details would be needed but basically this is what I believe. I am assuming the property was purchased during the marriage between the deceased and surviving spouse. In that case the spouse owns 1/2 of the property in her own right. So that would leave the remaining 1/2. If there are no grandchildren, then the surviving spouse gets ownership of the remaining 1/2 as well and siblings get nothing. If the property was separate property, the siblings get ownership of all of it.

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Answered on 7/17/10, 6:57 am


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