Abbeville, LA asked in Probate for Louisiana

Q: Father died without a will and was married. He had 4 rental properties before marriage and one purchased after marriage.

He used his money he had before marriage to buy house and car wth wife name on both. He also had joint acct with sister name on it. Can wife claim anything?

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1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: The property acquired before your father's marriage will be considered separate property and if your father passed away without a will, that property transfers, by intestacy (no will) law, to all of his children. If no children, it passes to further collateral heirs. The property acquired after the marriage may be community without a pre-nup agreement. Same result for the house and car where the wife's name is on both. If all heirs made aware of Louisiana intestacy laws and understand who inherits what, that may be simplest way to proceed. Without a will directing where his property should go, La default, inheritance law will control.

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