Fort Worth, TX asked in Probate for Louisiana

Q: Can a surviving spouse claim full ownership of home and sell or donate it if there is no will for deceased partner, La.?

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

A: Depends on several factors - was the home community property and did Decedent have children? Even if the home was community property and the Decedent had children, then, under LA default, intestacy law, the children inherit the decedent's former half interest in the community property, but subject to a legal usufruct in favor of the surviving spouse. Still, it is not the same as the surviving spouse being put in "full ownership." If there are no children, then, the surviving spouse may succeed in full ownership of former community property. You will likely need to discuss all of these factors, and your specific circumstances, with counsel well versed in probate to obtain a more precise recommendation for proceeding.

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