Simple question,please. Is there a way to own property/have assets in Louisiana and prevent forced heir inheritance to adult children of a former marriage? In other words, how would I protect my current wife?
![]() |
Simple question,please. Is there a way to own property/have assets in Louisiana and prevent forced heir inheritance to adult children of a former marriage? In other words, how would I protect my current wife?
Louisiana law is somewhat different from the rest of the US. Since it is not based on English common law but French law.
The issue here is, first how the land is deeded to allow transfer and in the will doing it properly. You need to hire an attorney, or even a group with experience in real estate and probate both
I'll try to ask this question another way. Is it possible in Louisiana to ensure that my wife will inherit all our assets - real property, bank accounts, personal property - in the event of my death considering I have adult children by a previous marriage?
Have you gone to a lawyer to have a will drawn up yet? I realize that Louisiana is different from most other states but that would be your first step.
Intestate Succession Rules
In an intestate succession, a petition for possession may send the heirs into
Possession by the ex parte petition of:
1. All the competent heirs if all competent heirs accept the succession and the
Succession is relatively free of debt. La. Code Civ. Proc. Art. 3001, 3004; or
2. The surviving spouse in community with the decedent if all the heirs are
Incompetent and no legal representative has been appointed for some or all
Of the heirs. La. Code Civ. Proc. Art. 3004; or
3. The legal representative of the incompetent heirs, if all of the heirs are
Incompetent and a legal representative has been appointed. La. Code Civ.
Proc. Art. 3004.
Also, a surviving spouse in community of an intestate decedent can use an ex parte
Petition for possession to be recognized as the owner of his undivided one-half of the
Community and of the other one-half to the extent he has the usufruct (similar to “life
estate”) thereof. La. Code Civ. Proc. Art. 3001.
In an intestate succession, if a competent heir can’t be located, the other heirs,
Including the absentee heir, can be sent into possession after appointment of an attorney
To represent the absentee and a contradictory rule against the absentee’s attorney. La.
Code Civ. Proc. Art. 3006.
Testate Succession Rules
In a testate succession, a petition for probate and possession may send the legatees
Into possession on the ex parte petition of all legatees if:
1. Each legatee is competent or acting through a legal representative;
2. Each legatee accepts the succession; and
5
3. None of the creditors has demanded administration.
La. Code Civ. Proc. Art. 3031.
If the will named a succession representative, that person must join in the petition
For possession in order for judgment to be rendered ex parte. La. Code Civ. Proc. Art.
3033. A simple solution to this requirement is to have the succession representative sign
An affidavit that he declines his appointment.
Overview of Key Steps in Handling a Succession
1. Identify the heirs or legatees
2. Assess capacities of heirs/legatees and need for tutorship
3. Assess whether any heirs have renounced or are willing to renounce or
transfer their interests
4. Identify property of estate and classify as community or separate
5. Determine whether property must be included in taxable estate
6. Value property at time of death
7. Identify unpaid debts, community and separate, at time of death
8. Prepare and file the inheritance tax return
9. Prepare and file the petition for possession, other required
pleadings/documents and the judgment of possession
Identifying the Heirs
Intestate Successions
Inheritance rules are different for community and separate property. If the
Decedent had children or other direct descendants, they will inherit the decedent’s
Separate property and the “naked ownership” of his one-half of the community property
Subject to a surviving spouse’s “usufruct.” The usufruct lasts until the surviving spouse
Dies or remarries. The usufruct applies to community property, even as to children of another marriage, and as to forced heirs’ portions, if any
First, please don't start a new thread for the same issue. I've merged your threads for you. Please use the Answer This question option for follow-up questions.
Second, what law are you referring to? Some states do have laws against disinheritance, but you can usually get around that by leaving a token amount.
But Stin's answer is the best, if you are concerned about the disposition of your estate, consult an attorney. Making a will is not very expenesive unless you have a complicated estate. And if you do, you can probably afford an attorney.
All times are GMT -7. The time now is 07:27 AM. |