The Louisiana Law states that without the will, separate property is inherited in a unique inheritance system in most other states. This is somewhat complex, and its unusual provisions often come as a devastating and undesirable surprise to the family that survived.
If one is married but has no will, the line of heredity in Louisiana is the same line as one person. This is: the actual use (use) of money and property is given to the deceased's parents; If the deceased's parents first die, then the siblings inherit the full ownership of the employment rights.
Where is the wife or husband in all this? In the cold, without a will determine his inheritance. Children are better protected somewhat if they do not want to – but the husband does not inherit anything at all outside community ownership … "Community ownership" is not defined in ways most people assume: Many valuable assets may be "separate property ", Instead, this is alarming to the surviving spouse.
Under the legal definition, separate property is property acquired prior to marriage; obtained through inheritance or donation to one spouse separately; or obtained by a spouse with separate funds or with separate and community funds where community funds are very small compared to separate funds.
How does this legalization translate into a realistic situation? Okay …
Say two married men start buying property to work together. Their wives are not involved in these acquisitions, and each wife expects them to be "intervened" (ie, they declare and agree that the property is bought by their husbands with separate funds, not part of the matrimonial property). Now, say that the two men were killed in a tragic accident, and because they are young, healthy and strong, they never thought about preparing the commandments.
This "separate property" is not part of the community property – although it was purchased after marriage – and will not inherit any wife. If neither of them has children, the heirs will be the parents or siblings of the deceased. If men have children, the children will inherit nude ownership, but not use rights. In both cases, wives – the mothers of these children – do not inherit naked or violated rights in the absence of anything to the contrary.
For example, suppose you inherit a camp or farmland in Louisiana, and even though you were married twice, you did not have children before. Your second wife had children with her first husband, but while you were raising them and loving them as your own life, you never adopted these children legally. If you die before you carry out your will, the camp and farmland are separate property (because you inherit it individually rather than as community property).
Your wife can not inherit your separate property unless you leave it to her. In this case, the children you loved and raised can not inherit, because they have not been legally adopted. In the absence of a will that otherwise states, your parents will inherit, if alive, separate property. If your parents are dead, inherit your siblings.
It is clear that the specifics of Louisiana law require that anyone with property leave to take his or her time to present a will properly framed with trust provisions to ensure that his or her family is under care and provided in accordance with his wishes. As it relates to separate property in Louisiana, there is no protection for the husband or any other person of will without will – but properly phrasing it will ensure their protection in the event of your death.
Planning Louisiana real estate with proper wording will safeguard your family. With over 30 years of experience, lawyers at Melcher & Co. Law Firm use their knowledge and customer circumstances to determine the type of trust or will to recommend.