What is the law if a spouse dies and there is no community property except a bank account with one remaining spouse and 5 children? Does all the money go to the spouse or do the children get a portion of the inheritance?

In Louisiana, one of the first things that are considered after a person has died is whether their property was owned jointly or separately. Separately owned property usually is not given to the spouse after the decedent dies and in many cases the jointly owned property goes to the children and not the spouse. In cases where there are no children, then the spouse would inherit the property.

One way to override this is to have a will. An individual can make sure that their spouse does receive all separate and community property in the event of their death. There is also a term know as "forced heirs". These are children of the decedent who are younger than 24 years. Forced heirs always receive a portion of the estate or the decedent's property no matter what, even if there is a will. Permanently disabled children are also considered a forced heir.

Cite: A LA probate advance loan company site that I will provide a link for if requested.