Intestate succession is not something we like to think about, but it’s essential to understand how it works in Louisiana. If you pass away without a valid will, the state will determine how your assets are distributed, which can be a complicated and contentious process for your surviving relatives.
So, let’s dive into Louisiana intestate succession and how it works. But first, let’s add a little humor to lighten the mood. Imagine a scenario where you pass away without a will, and your relatives are fighting over your prized possessions:
Uncle Bob: “I want his baseball card collection.”
Aunt Sue: “No way, I want his vintage record player.”
Cousin Tim: “What about his motorcycle? I called dibs!”
Sounds chaotic, right? Here’s how Louisiana intestate succession can prevent this scenario:
Who Inherits Under Louisiana Intestate Succession?
Louisiana intestate succession determines who inherits your assets based on your family structure. If you are survived by a spouse and children, your surviving spouse will inherit one-half of the community property, and the children will inherit the remaining half.
If you don’t have any surviving children, your surviving spouse will inherit all of the community property, and your parents or siblings will inherit the remainder of your estate. If you don’t have any surviving spouse, children, parents, or siblings, more distant relatives may inherit your assets.
What Do They Inherit?
Community property includes assets acquired during your marriage, such as your home or joint bank accounts. Your surviving spouse will receive the right to use and enjoy the community property during their lifetime, but they can’t sell or give it away.
Your separate property includes assets acquired before your marriage or through inheritance or gift. If you are survived by a spouse and children, your surviving spouse will inherit the right to use and enjoy the usufruct of your separate property, while your children will inherit the naked ownership.
Although intestate succession can prevent chaos and family disputes, it’s always best to create a valid will to ensure that your assets are distributed according to your wishes. Plus, you can avoid your relatives fighting over your prized possessions like Uncle Bob’s baseball card collection or Aunt Sue’s vintage record player.
If you have any questions about Louisiana intestate succession or need help creating a valid will, the Morrison Law Group in Metairie, LA, is here to help. Contact us today to schedule a consultation, and let’s make sure your relatives don’t fight over your stuff! (504) 831-2348