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Wife deceased - next of kin?

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todAnthony

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Married 19 years with no children. Wife passed after long illness. House, vehicles, everything was in both our names. Does anyone have any rights to my house and stuff? What is a secession in this case?

Also, on another note, she had rights to her deceased mothers part of their old house before my wife passed. Do I have any right to my deceased wife's share?

No living wills on any part.

I know all of this sounds horrible but I am worried about drama possibly coming up. It's bad enough to have to grieve and to not have to deal with this.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Louisiana

Married 19 years with no children. Wife passed after long illness. House, vehicles, everything was in both our names. Does anyone have any rights to my house and stuff? What is a secession in this case?

Also, on another note, she had rights to her deceased mothers part of their old house before my wife passed. Do I have any right to my deceased wife's share?

No living wills on any part.

I know all of this sounds horrible but I am worried about drama possibly coming up. It's bad enough to have to grieve and to not have to deal with this.
She left no will? Then all of her possessions are yours. I am very sorry for your loss. Truly. :(


ETA: I am not an Attorney.

Apparently I need to point this out now for members (not you) that do not read the TOS. :(
 

Minuette

Junior Member
I'm very sorry for your loss.

Intestate succession in Louisiana provides that you will inherit all community property (Civil Code 889). If your wife has siblings, they may be entitled to her separate property (Civil Code 891). Her inheritance from her mother sounds like it may be her separate property. Did your wife have any siblings?

(If no siblings are alive, neither parent it alive, and no siblings have living descendants, Civil Code 894 applies - you are entitled to your wife's separate property.)
 
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OHRoadwarrior

Senior Member
It is actually a bit complicated apparently her children inherit her share of community property subject to the surviving spouse’s right to use it for life, plus all of her separate property. Which means community property is yours to use however the children are the beneficiaries ultimately. They also inherit all separate property. Any property with a specifically listed inheritor that would not pass via a will, life insurance, bank accounts etc that have a named successor, go to the successor. CC889 only applies without descendants.
 
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Minuette

Junior Member
OP states that they were married with no children. It doesn't preclude his wife from having had children from a prior marriage/relationship, but that needs to be added to the list of clarifying questions.

Sir, did your wife have any children from a prior relationship?
 

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