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jonusjames
Jun 11, 2011, 01:17 PM
If the prpoerty belonged to mother and father with two children, and the mother passes away with no will, who has legal right to the property? How would it be split between the father and two childern?

JudyKayTee
Jun 11, 2011, 01:48 PM
"If You Die Without a Valid Will -
The Louisiana intestacy laws provide the following rules for the distribution of your estate:

Intestate Heirs of Community Property

Descendants (children or grandchildren) inherit half of the community property, subject to the usufruct of the surviving spouse. The usufruct will terminate upon the remarriage of the surviving spouse."

Wills and Testaments (http://www.retirementandestateplanning.com/law/chapter_4.htm)

AK lawyer
Jun 11, 2011, 02:04 PM
... Descendants (children or grandchildren) inherit half of the community property, subject to the usufruct of the surviving spouse. The usufruct will terminate upon the remarriage of the surviving spouse. ...

Ok. I never could make heads or tails out of the Louisiana Civil Code. Maybe you understand it better. I understand that the widow gets a usufruct (life estate), but in the absence of a will doesn't she get anything else?

And what about non-community property of the decedent? Who gets that?

Fr_Chuck
Jun 11, 2011, 07:18 PM
Yes LA and their French laws, is tough, but another question is how is the property deeded also

JudyKayTee
Jun 12, 2011, 10:00 AM
Ok. I never could make heads or tails out of the Louisiana Civil Code. Maybe you understand it better. I understand that the widow gets a usufruct (life estate), but in the absence of a will doesn't she get anything else?

And what about non-community property of the decedent? Who gets that?


Did you take a look at the site? No, I don't really understand it. In fact, it seems Archaic to me.