Legal Question in Wills and Trusts in Louisiana
My Step Father recently passed away with a stoke. His was in fantastic shape for his age and this was totally unexpected. My mother is in poor health and has been for years. Has been expected and has come close to passing away many times over the last few years. For this reason their home, their vehicles, all bank accounts were all in my Step Fathers name solely. My Mother had two children from a prior marriage and and my Step Father also had two children from a prior marriage. We have not been able to locate a will yet however my Step Father maintained a safety deposit box at a local bank. As all is in my Step Fathers name thus myself and my sibling are not expecting nor wanting anything. The two siblings on my Step Fathers side who were astranged have come forward. My Mother and Step Father owned a home paid for in full and resides in Baton Rouge, LA which I recently heard the term Napolianic Law. As the surviving spouse where does my mother stand. The Step Father did have several Life Insurance policies naming her the benificiary but I worry as I have not seen them I often have written by law as my benificiary. My mother and Step Father lived in their home for 40 years together, at no time with his siblings. Does she have to sell and liquidate? Thank you.
1 Answer from Attorneys
There are rare exceptions, but basically any property purchased during the marriage belongs 1/2 to your mother and she gets the use of her late husband's 1/2 for as long as she lives or wants it because Louisiana, like many States, is a community property State. Nepoleonic Law is way over rated. Any insurance proceeds belong solely to the person named as beneficiary. Your mom should open his succession and be given the right to open the safety deposit box. In some cases, the bank may let her open it without a court order. Simply check with the bank. Your mother also has the use of all the money in any bank accounts since she owns 1/2 outright and has the use (usefruct) of the other half. She cannot be forced to sell anything because she is in total control of all the community property. Get a lawyer, open the succession and move forward. BTW, you need to find the insurance policies and get the beneficiary paid right away. That can be done now without the succession being opened.
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