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View Full Version : Texas Will - Louisiana Inheritance.


bcarlin
Mar 12, 2014, 08:38 AM
How is Louisiana inheritance affected by Texas will? If a Texas will specifies that a spouse instead of children inherits Louisiana property is this will valid in Louisiana?

ebaines
Mar 12, 2014, 09:44 AM
In general a will executed in TX can indeed be valid if the deceased later became a resident of LA, as long as it is consistent with LA law. However, LA is a bit of an odd duck due to its community property and "forced heir" laws. Are there children who are under age 24 and/or disabled who may be forced heir(s) under LA law? If so, and if the will ignores this, then he will can most likley be contested.

AK lawyer
Mar 12, 2014, 10:02 AM
... LA is a bit of an odd duck due to its community property and ....

Both states are community property states I believe.

However it is true that Louisiana is an "odd duck".

The personal representative will probably need to retain (or at least consult) an attorney licensed in Louisiana, who will know how to handle this.

ScottGem
Mar 12, 2014, 12:51 PM
You aren't clear on what part LA plays in this. You said; "inherits Louisiana property". The location of the property may have little bearing. It's the location of the deceased that matters. If the deceased was a resident of TX and died there, I don't believe LA's laws on inheritance would have any jurisdiction.

AK lawyer
Mar 12, 2014, 02:13 PM
You aren't clear on what part LA plays in this. You said; "inherits Louisiana property". The location of the property may have little bearing. It's the location of the deceased that matters. If the deceased was a resident of TX and died there, I don't believe LA's laws on inheritance would have any jurisdiction.


They (Louisiana laws) might still apply if the real property is located there.

A Texas PR would have to apply to the Louisiana courts for ancillary probate administration. And the Louisiana courts definitely have jurisdiction to determine title to real property located within that state.

Fr_Chuck
Mar 12, 2014, 04:16 PM
State laws, tells us, what happens when there is no will. A will can change inheritance any way the person wants, You may want to get an attorney in LA also, to help if there is a problem with someone contesting the will.

If no one contests, then no worry.