Louisiana Estate Planning Under Napoleonic Code Is A Bit "Different"

Stratton Parts - Louisiana Estate Planning Under Napoleonic Code Is A Bit "Different"

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Louisiana law provides that without a will, detach 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.

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If one is married but has no will, ones line of inheritance in Louisiana is the same as that of a singular 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 proprietary 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 good 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 habitancy assume it is; many valuable assets may be "separate property," instead, and that spells danger for the surviving spouse.

By legal definition, detach 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 detach funds or with detach and community funds where the community funds are very small in comparison to the detach funds.

How does that legalese translate to a real-life situation? Well ...

Say two young married men start buying enterprise property together. Their wives have no part in these acquisitions and each wife signs off as an "intervener" (that is, they allege and agree that the property is being purchased by their husbands with detach funds, and is not part of the marital property). Now, say that both men are killed in a tragic urgency and, being young, salutary and robust, they've never understanding to prepare wills.

This "separate property" is not part of community property - even though it was purchased after the marriage - and neither wife will inherit. If neither man has children, the inheritors will be the parents or the siblings of the deceased. If the men do have children, the children will inherit naked ownership, but not usage rights. In either event, the wives - the mothers of those children - do not inherit either naked or usufruct rights, absent a will stating anything to the contrary.

For someone else example, suppose you inherit a camp or farmland in Louisiana, and even though you were married twice, you never had children of your own. Your second wife had children with her first husband, but while you raised them and loved them as your own, you never did legally adopt those children. If you die before executing a will, the camp and farmland are detach property (because you inherited them individually, not as community property).

Your wife cannot inherit your detach property unless you leave it to her in a will and, in this instance, the children you've loved and raised as you own can't inherit, either, since they never were legally adopted. Absent a will stating otherwise, your parents, if living, inherit the detach property; if your parents are deceased, your siblings inherit.

Clearly, the peculiarities of Louisiana law necessitate anything with property to leave take the time to file a properly drafted will with trust provisions to ascertain that his/her family is cared and in case,granted for according to his/her wishes. As it relates to detach property in Louisiana, there is no safety for a spouse or valuable other without a will - but a correctly drafted one will insure their safety in the event of your death.

Louisiana estate planning with a correctly drafted will insures your family's protection. With over 30 years of experience, the attorneys at Melcher's Law Firm use their knowledge and the client's circumstances to resolve the type of trust or will to recommend.

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