Legal Question in Wills and Trusts in Louisiana
wills and adult children
My home is owned by my wife and myself. If something happens to me, does my wife own the property?
Or does she have to deal with our adult children? If so, is there any way to avoid this and get the property in her name only with the ability to sell it?
1 Answer from Attorneys
Re: wills and adult children
In the absence of a will, the interest in your home will pass to your children, subject to your wife's right to continued use of the property until her death. Assuming that all of your children are 23 years of age or older, you can avoid this result and transfer your community interest in the property to your wife outright by simply drafting a will that gives the home to your wife in full ownership. If the children are still minors or under the age of 23 and in school, forced heirship rules apply which will limit the total amount of your estate that can be given to your wife. Even this would not mean that your wife could not have the house, though; it would simply mean that provision must be made for minor children or those who are still in school.