Louisiana law requires that intestate detached property is inherited in a unique way of inheritance, unlike most other states. This procedure is somewhat complex, and its unusual position often undesirable and disruptive for some surprises & # 39; and.
If one is married, but does not have the will, the legacy of Louisiana is the same as that of one person. That is: the actual use (use) of funds and assets transferred to the parents of the deceased; late and brothers and sisters provided the bare ownership. If the parents of the deceased first die, the brothers and sisters, imitate the full ownership of the property right.
Where the wife or the husband in all this? Go out in the cold, without a will, which indicates his legacy. Children are protected by a few in the absence of freedom – but the spouse does not inherit nothing but their own society … and "public property" is not defined as the majority of people believe that it is; On the contrary, many securities values may be "separate property", and it speaks of the danger to the surviving spouse.
According to the legal definition, private property – is the one that acquired prior to the marriage; inherited or acquired donation one spouse individually; or acquired by one spouse to the individual funds or private funds and funds of society, where public funds are very small in comparison with the individual funds.
As it is legal translates into real life? Well …
Say, two young married men are beginning to buy business property together. Their wives are not involved in these acquisitions, and each writes itself "vmyashalnikam" (that is, they claim, and agree that the property is purchased from the spouses separate means and is not included in the marital property). Now tell me what the two men were killed in a tragic accident, and, being young, healthy and safe, they never thought to prepare a will.
This "private property" is not a & # 39 is part of the ownership society – although it was bought after the marriage – and no wife will not receive an inheritance. If none of the men do not have children, the heirs become parents or brothers and sisters of the deceased. If men have children, the children will inherit the bare ownership, but not the right to use. In any case, his wife – the mother of these children – will not inherit any nudity or nutritional rights are absent in the will, which states that any more.
For another example, suppose you receive an inheritance camp or plots of land in Louisiana, and while you were married twice, you have never had their children. Your second wife had children with her first husband, but if you educate them and love them as their own, you will never vsynavlivali children legally. If you die before execution of the will, and camp plots of land with a & # 39 are private property (because you inherited them individually, rather than as a community).
Your wife can not inherit your private property if you do not leave it in his will, and in this case, the children you love and educate as you are entitled to follow since they have never been taken legally. The absence of a will, which states otherwise, your parents, when live, inherit the separate property; if your parents are dead, your brothers and brothers followed.
It is understood that the features of the Louisiana law requires that any person who has property left to find the time to properly make a will with confidence, to make sure his family & # 39; I cared and provided in accordance with his wishes. With regard to individual property in Louisiana, then no marriage is no protection for her husband and the other (but well-formed) – to protect them in the event of your death.
Planiravanae proper estate planning Louisiana to provide protection for your family & # 39; and. With more than 30 years of experience, "Melher" law firm lawyers use their knowledge and circumstances of the client to determine the type of trust or recommendation.