Legal Question in Wills and Trusts in Louisiana

Inherited Property

A father becomes widowed. He has 2 adult children over the age of 40. The father inherits farmland from his mother. Later, the father remarries. On the inherited farmland, the father and his wife place a house, water well, sewer system, electricity, etc. for a camp, spending X amount of dollars. If the father dies first, leaving a will to the wife having his all, what position are the adult children in? Does this inherited farmland become community property?


Asked on 8/29/03, 9:04 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Inherited Property

The property never becomes the community property of the new couple, however the children may be indebted to the new wife for the improvements to the property which were paid for by the community property.

Secondly, although the Louisiana Constitution still maintains that there shall be forced heirship, the legislature has limited it to children under 23 years old and the disabled if a will states otherwise.

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Answered on 8/29/03, 11:45 pm


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