Legal Question in Wills and Trusts in Louisiana

Re: inheritance laws in lousiana

Dear Law Guru Friend,

Did not read Mr. Casanave's answer, although I know he is a good attorney. However, here's mine. Whether you were divorced or not does not make any difference as to who inherits what. Of course, if your husband (or soon to be EX) is rightfully an heir of the person who leaves the estate, he, of course, could inherit along with you, married or divorced. As I see it, it would not make any difference whether you are married or not. Now if the person who is to die and leave the estate were to leave a will bequeathing an inheritance to say you and your husband, not naming him, but just leaving a share to your husband; and, if at the time of death you and your husband were divorced, it seems to me that the law would provide that nothing would go to your EX, since he was not your husband at the time of the death of the testator. However, if the will would say that the testator leaves something to you and your husband and specifically names your husband, then your husband would inherit the legacy even if he would later be divorced from you. As in most legal situations, there is more to it all than this, but this is something to think about. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: inheritance laws in lousiana

Under Louisiana law, any property which you inherit is your separate property, and your husband, whether you are married to him or not at the time the inheritance is received, is not entitled to any portion of the inheritance.

It is important, though, that any property you inherit, especially cash, be placed and kept in a separate account, in your name only. For example, if you inherited $10,000 and deposited the money in a bank account in the name of you and your husband, he could claim that the separate property (the inheritance) was commingled with community funds and thus became community property.

Re: inheritance laws in lousiana

Under normal circumstances inherited property is separate. The only possible exception would be if a will specifially named your husband as a co-heir (an exceptionally rare occurrance).

Create separate accounts for this money with only your name on them.