Q: Definition of surviving spouse for inheritance in Louisiana
I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the 'surviving spouse,' without a definition. How does Louisiana law define a surviving spouse in this scenario, and could it trump the company's administrative rules?
A: A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit sharing/probate asset. Then, all probate assets and the ultimate transfer depend upon whether the Decedent had a Will,or passed intestate. If intestate, as provided above, then, a child inherits community property subject to a legal usufruct in favor of the surviving spouse. But, a child inherits separate property to the exclusion of a surviving spouse.
Randy Bryan Ligh agrees with this answer
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