In Louisiana, intestate succession is the legal process that determines who inherits a deceased person’s assets when they pass away without a valid will. Intestate succession can be a complex and confusing process, but it is essential to understand it to ensure that your assets are distributed according to your wishes. In this blog post, we will explain who inherits and what they inherit under Louisiana intestate succession.
Who Inherits Under Louisiana Intestate Succession?
The heirs who inherit under Louisiana intestate succession depend on the deceased person’s family structure. If the deceased person is survived by a spouse and children, the surviving spouse will inherit one-half of the community property and usufruct (the right to use and enjoy) of the deceased’s separate property. The children will inherit the remaining half of the community property and the naked ownership (the right to inherit the property) of the deceased’s separate property.
If the deceased person is survived by a spouse but no children, the surviving spouse will inherit all community property and usufruct of the deceased’s separate property. If the deceased person is survived by children but no spouse, the children will inherit all of the community property and the naked ownership of the deceased’s separate property.
If the deceased person is survived by neither a spouse nor children, their parents or siblings may inherit their assets under Louisiana law.
What Do They Inherit?
Under Louisiana intestate succession, the surviving spouse will inherit one-half of the community property and usufruct of the deceased’s separate property. The children will inherit the remaining half of the community property and the naked ownership of the deceased’s separate property.
Community property includes property acquired during the marriage, while separate property refers to property acquired before the marriage or through an inheritance or gift. The usufruct of the separate property means that the surviving spouse has the right to use and enjoy the property during their lifetime, but they cannot sell or give it away.
If there are no surviving children, parents, or siblings, the assets may pass to more distant relatives, such as grandparents, aunts, or uncles.
Take-Away
Understanding Louisiana intestate succession is essential to ensure that your assets are distributed according to your wishes. However, creating a valid will is the best way to ensure that your assets are distributed as you wish. If you need assistance with estate planning or have questions about Louisiana intestate succession, Morrison Law Group PLC in Metairie, LA, is here to help. Contact us today to schedule a consultation. (504) 831-2348
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