Legal Question in Wills and Trusts in Louisiana

I was not married this woman but we lived together for 13 years. We shared everything we had our bank account listed as me OR her not me AND her. She died,I went an removed her name from account. Are her children entitled to that account?


Asked on 3/12/12, 10:29 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Possibly. Louisiana is not a common law state, so there is no such thing as a common law wife and living together for 13 years does not make your separate property community. Still, there is a presumption that money owned by 2 people in a bank account is 50/50. You would have to prove that it was not 50/50 if you want to keep more than half of that money. Otherwise, they are entitled to half of what is in there.

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Answered on 4/15/12, 1:34 pm


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