Legal Question in Wills and Trusts in Louisiana

The succession of the deceased spouse would have to be opened to transfer that person's interest in the house to your son.

Surviving spouse can transfer his or her interest to the son.

The way the succession would work is this. Assuming your home was purchased during your marriage, the home is community property. That means that your wife owned 1/2 and you own 1/2. Your wife's 1/2 goes to your son. You still own your 1/2 yourself. You also get what is called the Surviving Spouse Usufruct over your wife's 1/2 until you die or remarry. That means you get to stay in the home, rent it, or use it however you want as long as you live, but your son actually owns 1/2 of it in what is called Naked Ownership.

You can renounce the succession and give your wife's 1/2 to your son, but you still own your 1/2 in full ownership no matter what. You can donate your 1/2 to your son through what is called a Donation Inter Vivos. It is a fairly simple thing to do, but it is apart from the succession.

You should call an attorney familiar with both successions and donations to get quotes for doing both. If you would like me to handle the matter for you, feel free to call or email me anytime.