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Forced heirship in Louisiana

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sagebrushjohn

Guest
What is the name of your state? Louisisna

My wife and I own a home in Louisiana. She has a son who is mentally handicapped and lives in another state.

If she dies do I have to give him a share of my house?

Is this correct?

If so is this true in other states. We are thinking about moving because of this.
 


I AM ALWAYS LIABLE

Senior Member
sagebrushjohn said:
What is the name of your state? Louisisna

My wife and I own a home in Louisiana. She has a son who is mentally handicapped and lives in another state.

If she dies do I have to give him a share of my house?

Is this correct?

If so is this true in other states. We are thinking about moving because of this.

My response:

Louisiana is a community property State. So, even if only your name appears on the deed, the house is also hers via the Community Property laws of Louisiana.

If your wife dies, her son is entitled to one-half of her one-half ownership (or Community Property share) of the house; i.e., one-quarter of the house would belong to the child.

It wouldn't matter where you moved. The funds can be traced back to a "community property" sale of the house. So, even if you move to Arkansas, it wouldn't matter.

Basically, you're trapped.

IAAL
 
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sagebrushjohn

Guest
I don't understand.

Are we not legally entitled to sell our home and keep the proceeds?

Then buy another one in Florida.

Are you saying this would not be legal?
 
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zappy

Guest
What you need to do is to set up a special needs trust for your son from the proceeds of the sale, say put $25,000 into a trust for his needs that the state or medicaid, ssi doesnt cover.

Then the son would not be entitiled to a share of the proceeds from the house, since he would have the trust already set up for him. That's my understanding IAAL.
 

Seanscott

Member
I may be wrong, but think about this -

Get a term life insurance policy with the estate as the beneficiary. This will increase the value of the estate when one of you passes away. Then you can let your stepson have the money, and the house can remain totally with the surviving spouse.

Let's say the house is worth $100,000, and you have $50,000 in cash at your time of death. The spouse & son will each be entitled to $75,000 of assets. If you buy a $50,000 policy with the estate the beneficiary, then the son can have $100,000 in cash, and the house stays with the surviving spouse.

Just something to consider
 

djohnson

Senior Member
Also, what age is the son? Is she the NC parent and you don't want an ex involved? If he is older and not capable of handling things who is his guardian? You may have options but it will be to your circumstances and a little more information might help.
 
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sagebrushjohn

Guest
He is 22 years old and living in a falility in PA

She has had no had no contact in 17 years. I have never met him.

Her ex spouse is real trouble so we have stayed away.

We are not even sure if he was adopted. We assume the father is his guardian.

I have never given this a thought until recently. I just want to have my house if my wife dies.
 

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