Legal Question in Wills and Trusts in Louisiana
my mum died in spain, and owned a house soley on her own, however when she died in spain, there was no will, does the house get divided up to the spouse and children as in spanish law? and can the spouse contest this and put a lawsuit against the children to get the house soley in his name?
Asked on 5/19/11, 11:38 am
1 Answer from Attorneys
Martha Amanda Mandi Lucas
Mandie Seale Lucas
In Louisiana, if she left no will, her property will be divided between her heirs, with usufruct of community property going to her spouse. If there was separate property, this would be divided between her heirs, with no claim by her spouse. If the property was in Spain and there is no will, more than likely Spanish law will dictate the ownership of that piece of property. The last place of residence is usually the law which will contol.
Answered on 7/02/11, 9:40 am
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