Legal Question in Wills and Trusts in Louisiana
Wills in Louisiana
If you and your spouse made out a will in LA. years ago and never changed it...is that Will still legal and binding if they were divorced before spouse's death. Also, if they are divorced and one spouse dies and never changed his will, leaving everything to the other spouse (even though they are divorced) ..is that Will still good. In other words, the deceased is coming into some property, does the divorced spouse have a right to the property since she was named in his original will. (only will). or would it go to his children since they were divorced at the time of his death. Also, does a succession have to be opened before property can be distributed (his share)?
1 Answer from Attorneys
Re: Wills in Louisiana
This is a general reply and you should consult your attorney. Effective July 1, 1999, under Civil Code Art 1608(5), a legacy or testamentary provision (including a spouse) is revoked if the testator is divorced after the testament is executed, unless the testator provides to the contrary. This new rule is consistent with La domestic relations law, and further, that there must have been no reconciliation. The thinking is that more often than not, a person does not want bequests to that spouse maintained, or that they should serve as executor or trustee. Yes, a succession should be opened. Under Civil Code Art. 871, succession is the transmission of the estate of the deceased to his successors. The successors have the right to take possession of the estate of the deceased after complying with applicable provisions of law, although property is transmitted immediately upon death to the proper successors. Good luck!
Lawrence (Larry) Hoffing
New Orleans Law, LLC
12621 River Rd.
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