Louisiana Law requires that without will, separate wealth will inherit a unique inheritance order, unlike most other states. This sequence is somewhat complicated, and its unusual provisions are often an undesirable destructive surprise to the surviving family.
If a man is married but has no will, the inheritance line in Louisiana is the same as a unique person. This means that the actual use and utilization of funds and property will be given to the deceased's parents; his deceased brothers are bare. If the deceased's parents first die, the brothers can inherit full ownership rights.
Where is this wife or husband? In the cold, without defining her legacy. Children enjoy a somewhat better protection if they do not have the will – but the spouse does not inherit anything outside of the community … and "community property" can not be defined in the way most people assume; a lot of valuable assets can be "separate property" and this is a danger to the surviving spouse.
According to the legal definition, self-ownership is what has been acquired before marriage; inherited or donated individually; either through separate funds or by private and community-based spouses if Community funds are very small compared to separate funds.
How does this legalise turn into a real situation? Well …
Tell me two young married couples buy a business together. Their wives do not have any part in these acquisitions, and each wife declares "intervener" (ie, declares and agrees that the property will be purchased from a separate source by her husband and not belonging to the spouse). Now they say that both of them were killed in a tragic accident, and young people, healthy and robust, never thought to prepare the will.
This "special property" is not part of the community property – after marriage – and none of the wives will inherit it. If no man has a child, heirs will be parents or deceased brothers. If men have children, children will inherit naked ownership, but do not use rights of use. In both cases, the wives – the children of the children – do not inherit any naked or beneficial rights if there is nothing in the opposite of it.
Another example, suppose you inherit camp or farmland in Louisiana, even though you were twice married, you never had a child with yours. Your second wife's children were with your first husband, but when you raised them and liked them as theirs, you never accepted the children. If you die before you do your will, the camp and the agricultural area are separate property (because they inherited them individually, not as community property).
Your wife does not inherit a separate fortune, unless you want, in this example the children you love and nurture do not inherit because they have never been legally accepted. There is a want of a will that says otherwise, your parents, if they live, inherit the separate wealth; if your parents are dead, your brothers inherit.
It is obvious that by virtue of the specifics of the Louisiana law, everyone who owns property may take time to plan his will to design his trust provisions to make sure that his family cares for and cares for him. according to his wishes. As Louisiana deals with a separate property, there is no protection for the spouse or other meaningful will – but the right drafters take care of him to protect his death.
Designing Louisiana Real Estate Properly Created Will Protect Your Family. With more than 30 years of experience, the lawyer of the Melcher Law Firm uses his knowledge and client circumstances to determine the type of trust or recommendation.
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