Legal Question in Wills and Trusts in Louisiana
mother recently passed away. She was separated from her husband for seven years and she lived as if she was divorced. She filed as single on her last six years of taxes. My sister and I made funeral arrangements and are trying to handle her affairs. We are also beneficiaries to her life insurance. Does her husband have a claim to her house? She bought the house without him, and he is not listed on any of her accounts. If he does not come forward, do we need to include him? Louisiana Residents
1 Answer from Attorneys
Assuming that he never got a divorce, then her income and his are considered to belong 1/2 to the other spouse. If she bought the house using community property, that is her income, then he would have some claim, but so would she to the property he has. You need to list him as "possibly" owning 1/2 of the property, and if so he would have the usufruct over the other half that she owned. However, you must also list all the property he has obtained during the same period and she has a claim of 1/2 ownership, however that is subject also to the usufruct of the surviving spouse. I suspect he does not want to get all tied up with you guys especially if his property is also involved. Have your attorney contact him and work something out. The insurance proceeds belong solely to the named beneficiaries so that is not a problem. Of course all the expenses of the last illness and funeral and of the succession come right out of her portion.
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