Legal Question in Wills and Trusts in Louisiana
My wife passed away with no will.We have no children.Our house is in both our names.Her
truck(1994) is in her name only.She also has 2 retirement plans from work with no
beneficiary named(one prior to our marriage,one after).Our checking and savings are in
both our names.What is the best way to proceed?
1 Answer from Attorneys
It dosen't matter whose name the property is titled in. Anything earned or purchased during the marriage is community property. For example, if both of your vehicles were purchased during the marriage, they are BOTH community property even if one is titled in your name and one in hers. Same with the bank accounts, CD's, furniture, jewelry, boats, whatever.
You should contact a succession attorney in your area to open her succession and get the property put in your name. Don't wait too long, as the process is easier (and cheaper for you) if you do it soon after death.
Just about any solo practitioner will handle successions and the price is usually not that much for a simple succession. Find one on this site in your area.
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