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-   -   Louisiana forced inheritance law (https://www.askmehelpdesk.com/showthread.php?t=474052)

  • May 27, 2010, 02:57 PM
    JimHenrie
    Louisiana forced inheritance law
    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?
  • May 27, 2010, 03:32 PM
    Fr_Chuck

    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
  • May 30, 2010, 03:01 PM
    JimHenrie
    Louisiana forced inheritance law
    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?
  • May 30, 2010, 03:05 PM
    stinawords

    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.
  • May 31, 2010, 04:28 AM
    GV70
    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.
  • May 31, 2010, 04:28 AM
    GV70

    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
  • May 31, 2010, 04:29 AM
    GV70

    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
  • May 31, 2010, 04:47 AM
    ScottGem

    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.

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