Legal Question in Wills and Trusts in Louisiana

A will would be best. He should go to an attorney and have one drawn up. He could donate the property to you now, but that would divest himself of ownership, which he certainly doesn't want to do. A will would protect you if it is drafted properly. It is VERY important to have one when you have spouses with children from previous marriages.

Remember, though, that unless he and his new wife have a separate property regime (prenuptial agreement), whatever they acquire during the marriage will be community property and she will be entitled to at least 1/2 of that in her own right. She will be the owner of her 1/2 of all community property and not even his will can take that away. He may want to consider a separate property regime before he marries.

I agree with Mr. Lambert here. Another thing she would have is the use of your dad's half of the community they share. But why worry? If your dad wants to give it to you, he can. If he wants to give it to a stranger he can. That includes his new wife. If he does not make a will, his children will get full ownership of all of his separate property he dies possessing, and the naked ownership of his share of the community property subject to the surviving spouse's usufruct. Either way, it is his property to give to whomever he wishes.