Legality question

[swampman46]

Here in La. if a spouse dies, my understanding is, assets are divided in half and the deceased half goes to his/her children? Does any portion of THAT half go to the living spouse also?

[PaulMyers]

No

[T-TOP]

Nope, kids can boot he/her out there home to collect the half that's owed to them.


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[brooks05]

Yes and no. If one spouse dies intestate then the property is legally divided 1/2 to children 1/2 to surviving spouse. However the surviving spouse retains usufruct of the community property assets until the survivg spouse dies or remarries. The children are the naked owners of1/2 the estate but the surviving spouse retains usufruct of it. Of course this is changed and can be divided however the decedant wabts with a will

[swampman46]

Originally Posted by brooks05

Yes and no. If one spouse dies intestate then the property is legally divided 1/2 to children 1/2 to surviving spouse. However the surviving spouse retains usufruct of the community property assets until the survivg spouse dies or remarries. The children are the naked owners of1/2 the estate but the surviving spouse retains usufruct of it. Of course this is changed and can be divided however the decedant wabts with a will

Not sure what "retaining usufruct" means, sorry. OK I got it-the right of the surviving spouse to live in/on home and property. But my point is, other than being allowed to live in the home and propertry, and retaining 1/2 of the estate, does the surviving spouse also get a portion equal to what the children are entitled to, in their 1/2? Previous responses said no. Just want to be clear.Thanks.

[pricecb]

This can be a very bad situation without a will. I've seen the best of families get divided over some very small issues. Much less if there is land or other large assets. Even grandpas duck call that was given to you when you were 12 can become an issue if some of the other family tries to start a mess.

Going to a notary and writing a will isn't always a good choice. You need to go see an attorney and get this written and filed in the court house. Also you need to update your will from time to time as well as the beneficiaries on your 401k, life insurance and so on.

[elebouef]

Originally Posted by pricecb

This can be a very bad situation without a will. I've seen the best of families get divided over some very small issues. Much less if there is land or other large assets. Even grandpas duck call that was given to you when you were 12 can become an issue if some of the other family tries to start a mess.

Going to a notary and writing a will isn't always a good choice. You need to go see an attorney and get this written and filed in the court house. Also you need to update your will from time to time as well as the beneficiaries on your 401k, life insurance and so on.

Legally a will does not have to be filed in the court house. Stop playing lawyer 101.
The best thing the OP needs to do is contact on attorney on his behalf. For something like this an internet forum is the worse place to seek advice.

[pricecb]

Originally Posted by elebouef

Legally a will does not have to be filed in the court house. Stop playing lawyer 101.
The best thing the OP needs to do is contact on attorney on his behalf. For something like this an internet forum is the worse place to seek advice.

Not sure why you would be bashing me as playing lawyer 101 but lawyer 301 says get an attorney and file it at the court house this makes it of record and there is no dispute what the official will says or has in it.

I said above go see a lawyer not some roadside notary I said the same thing that you did except I would and have filed my will in the court house. I have seen when a will is not filed suddenly several different copies show up saying different things. buy hey I have a few assets and have had to deal with families fighting over some sliver of property that one idiot blocks everything for years and cost the beneficiaries tons of time, money and heart ache.


Just as important as writing an will you also need to UPDATE your will from time to time. This is where family can get in trouble if assets aren't listed on a will from 20yrs ago or they have been sold/transferred to other people. Especially relatives.

but what do I know. Im just an 101 lawyer on the internet!!

Damn trolls.

[Pull n Pray]

Call this guy! He specializes in elder law.

[PaulMyers]

Originally Posted by swampman46

Not sure what "retaining usufruct" means, sorry. OK I got it-the right of the surviving spouse to live in/on home and property. But my point is, other than being allowed to live in the home and propertry, and retaining 1/2 of the estate, does the surviving spouse also get a portion equal to what the children are entitled to, in their 1/2? Previous responses said no. Just want to be clear.Thanks.

To answer your specific question, No. The surviving spouse does not get any part of the "other" half unless it is specified in a will.

[elebouef]

Originally Posted by pricecb

Not sure why you would be bashing me as playing lawyer 101 but lawyer 301 says get an attorney and file it at the court house this makes it of record and there is no dispute what the official will says or has in it.

I said above go see a lawyer not some roadside notary I said the same thing that you did except I would and have filed my will in the court house. I have seen when a will is not filed suddenly several different copies show up saying different things. buy hey I have a few assets and have had to deal with families fighting over some sliver of property that one idiot blocks everything for years and cost the beneficiaries tons of time, money and heart ache.


Just as important as writing an will you also need to UPDATE your will from time to time. This is where family can get in trouble if assets aren't listed on a will from 20yrs ago or they have been sold/transferred to other people. Especially relatives.

but what do I know. Im just an 101 lawyer on the internet!!

Damn trolls.

You might want to look in the mirror when you call someone a troll. A will does not need to be filed in the court house. If you make more than one will in your lifetime, the one with the latest date is the valid one.
I also have assets and I also had to deal with family members in the past.
But what do I know, I only slept at Holiday Inn the night before last.
But I do see that when some one corrects you, you jump on the name calling, so like I said look in the mirror next time and you will see the first troll

[T-TOP]

I have seen the will that was written last go missing, and the will that was written previously get used to divide everything up.

[pricecb]

Never said a will had to be in the court house to be legal. Putting words in my mouth. But if you want it to be secure and safe you should file it in the court house.

I cant stress enough that you should UPDATE your will every few years also.

Lawyers come and go, building burn and flood, but in that court house it is recorded and backed up.

Don't get pissed when you try to discredit the correct way to do something and you get called out. While what you said is legal. It isn't the best legal approach.

I don't believe that was a Holiday Inn. Maybe the No Tell Mo Tel in the berry.