If a married couple whom have been married for over 12 years and have lived in Louisiana the entire marriage and one dies, who gets the estate. The man has 3 grown children and the woman has 2, one of which is still under 18. They do not have any children together. Also, the woman has never worked since they have been married. So if he died would she get any of the estate? What if there is a will?

If there's a Will, that's how the estate would be distributed BUT Louisiana is "strange" as this site puts it.

"Louisiana law provides that without a will, separate property is inherited in a unique inheritance order unlike that in most other states. That order is somewhat complicated, and its unusual provisions often come as an unwelcome, devastating surprise to the surviving family.

If one is married but has no will, ones line of inheritance in Louisiana is the same as that of a single person. That is: Actual usage (usufruct) of funds and property are given to the parents of the deceased; the deceased's siblings are granted naked ownership. If the deceased's parents die first, then the siblings inherit full ownership with usage rights.

Where's the wife or husband in all this? Out in the cold, without a will specifying his or her inheritance. Children are somewhat better protected in the event of no will - but a spouse inherits nothing at all beyond community property ... and "community property" is not defined in ways most people assume it is; many valuable assets may be "separate property," instead, and that spells danger for the surviving spouse.

By legal definition, separate property is that which is acquired prior to a marriage; acquired by inheritance or donation to one spouse individually; or acquired by one spouse with separate funds or with separate and community funds where the community funds are very small in comparison to the separate funds."

(I'm not particularly fond of this site but it gives a good explanation.)

Both parties should have valid Wills, prepared by an Attorney. I recommend this all the time, anyway, but Louisiana Law is EXTREMELY complicated and I see lots of places for a challenge to a Will or, worse, a large fight if there is no Will.

Thank you so much. So what I am understanding, if there is no will, is that if he died HIS siblings get everything. Is this correct? Or do HIS children get everything.

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Originally Posted by ;

... So what I am understanding, if there is no will, is that if he died HIS siblings get everything. Is this correct? Or do HIS children get everything.

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No, I don't think JudyKT said that. She did say, correctly, that inheritance laws in Louisiana are very strange as compared to most other states. What you should do to get an accurate answer is consult with an attorney in that state.

Upon reading this article, I would suppose that if the decedent died without a will and leaves children, his children, not his siblings, receive everything (except certain rights in "community property" and a "usufruct" (something like a life estate) to the wife), but, as I suggested, I'm no expert on Louisiana inheritance law.