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Louisiana Intestate Succession Laws
If any part of a Louisiana decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse (not judicially separated from the decedent) is generally considered first when distributing assets, including the decedent's share of community (marital) and separate (nonmarital) property, from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
* If the decedent leaves no descendants, the surviving spouse is entitled to all of the decedent's share of community property.
* If the decedent is survived by descendants, the surviving spouse gets the legal right to use (known as a "usufruct") decedent's share of community property for the rest of the surviving spouse's life or until remarriage (whichever occurs first).
* As for separate property, the surviving spouse has to wait in line after decedent's descendants, parents, and siblings or their descendants.
Caution!
If you are a resident of Louisiana, you should strongly consider making out a will or otherwise ensuring that your assets transfer automatically to your nearest and dearest. The primary reason for this is that Louisiana's default rules may result in an heir getting less than the full ownership of your assets.
As mentioned above, the surviving spouse gets limited ownership rights (only the use) of decedent's share of community property if there are also descendants waiting to inherit. The same applies in other areas. For example, surviving parents that inherit separate property can use it only for their lives if there are also siblings of the decedent.
Selling property with such limited ownership rights can get complicated. More importantly, the sales value is lowered and limits marketability. This can be a devastating hindrance if selling the property is needed to meet financial hardship. So, avoid these problems by straightening out in advance who gets what.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to decedent's:
1. Descendants.
2. Parents.
3. Siblings.
4. Siblings' descendants.
5. Ascendants, starting with decedent's grandparents, in the nearest degree of kinship to the decedent.
6. Collateral relatives, in the nearest degree of kinship to the decedent.
3. State of Louisiana. If there is no taker under any of the above provisions, the intestate estate passes by default to the state of Louisiana.
Louisiana Intestate Succession Law Fun Facts
* Relatives of the decedent who are conceived before decedent's death, but born afterwards, inherit as if they were born during decedent's lifetime.
* Evil-doers beware! A person convicted of the crime of intentionally killing or attempting to kill a decedent can be declared unworthy to inherit from the decedent's estate. The same applies if it is judicially determined (i.e., by a civil court) that the person participated in the unjustified killing of the decedent. However, the person can defend his or her worthiness to inherit by providing proof that they were forgiven or otherwise reconciled with the decedent. (Obviously, this defense works better if the decedent manages to survive a murder attempt.)
* Louisiana's intestate succession laws can be found beginning at Article 880 of the Louisiana Civil Code.
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CCH Financial Planning Toolkit | Louisiana Intestate Succession Laws
