Louisiana inheritance law provides that inheritance succession is the order that someone’s relatives receive the decedent’s property if they do not have a will when they pass away that gives instructions on who should receive what part of the estate.
Generally, inheritance succession does not create issues when an individual passes away with a will in place. People who create wills often leave their estates to their spouses, children, and other close relatives or friends.
In some cases, a will may be legally contested. Additionally, spouses might be able to petition for a share of the decedent’s estate if they were not included in their spouse’s will.
Generally, in Louisiana, an individual cannot completely disinherit their spouse due to the community property laws as well as forced heirship provisions that provide spouses and children with a right to part of the estate. Even though a decedent can include language that they want to disinherit their spouse in their will, the laws of the state protect the surviving spouse’s right to half of the community property that was acquired during their marriage.
Wills are typically followed as they are written, so long as they comply with the law. Inheritance succession is usually only an issue in situations when a person does not have a will and the probate court has to decide which parties will inherit. Whether or not a will exists, beneficiaries are required to pay legacy taxes on the property they inherit.
The legal term for when an individual passes away without having a will is called intestacy. All states, including Louisiana, have laws governing intestacy that outline partial intestacy and total intestacy.
When someone’s will does not dispose of all of a decedent’s property, it is referred to as partial intestacy. If someone passes away without any will at all, it is called total intestacy.
Typically, the spouse of the decedent will have first rights to inheritance and property distribution. After a spouse, the line of inheritance usually follows the descendants of the decedent.
If someone passes away without any living family members, their property often escheats to the state. When property escheats, it goes to the state where the decedent’s estate was located.
To find out more about inheritance succession in Louisiana, it is important to schedule a lawyer consultation.
What Is the Order of Inheritance Succession in Louisiana?
In Louisiana, intestacy laws provide the order of inheritance succession when an individual passes away and does not have a will. The State of Louisiana gives children and surviving spouses priority.
If the decedent had children, they will inherit the whole estate and the surviving spouse will have the right to use property for their lifetime or until they remarry. When the decedent had no children, their surviving spouse will inherit all of their property.
If the decedent did not have a child or spouse, their estate will pass to their closest relatives by blood, including parents, siblings, and other relatives. Foster children and step-children will not be treated the same way as biological children.
In addition, biological children that the decedent gave up for adoption will not be eligible for inheritance. For more information on inheritance rights of spouses and other family members in Louisiana, it can be helpful to reach out to a Louisiana lawyer.
How Much Will Each Relative Receive Through Inheritance Succession?
As noted above, children are prioritized in Louisiana inheritance succession. What each relative receives will depend on whether or not the decedent had a will in place.
With intestate succession, an estate is divided based on an individual’s relationship to the decedent as well as whether property is classified as community property or separate property.
With community property, the decedent’s surviving spouse already owns half. The deceased individual’s half will pass through inheritance succession. Separate property will all be subject to the intestate succession laws in Louisiana.
If succession laws are violated, whether by accident or intentionally, the offender can face criminal charges. The violating individual can face incarceration, fines, or both.
Ways that succession laws may be violated include, but may not be limited to trying to claim property in a way that is different from Louisiana succession laws, trying to claim more assets or funds than someone is entitled to, trying to claim more assets or funds than someone is entitled to, and other ways.
Louisiana intestate lawyers can help potential heirs and will creators understand how much relatives may receive through inheritance succession in Louisiana.
What Else Should I Know About Intestacy and Inheritance Succession Laws?
Escheatment of property is an important issue related to Louisiana inheritance succession laws. As discussed above, escheat means that property of a decedent goes to the state after they pass away. Generally, these laws permit the government to claim title to property when there are no other beneficiaries who can inherit the property.
When property is escheated, it passes to the Louisiana state government. Escheated property in Louisiana is typically transferred to the Louisiana Department of Treasury. This department acts as a custodian for those assets until a rightful owner or heirs can claim them.
For some rural states, these escheat laws can be a vital source of revenue by taking property that would be unused and putting it into active use to generate money for local jurisdictions. It is important to be aware that, just because there are heirs, it does not mean that the government will not be able to take property under Louisiana escheat laws.
This may happen, for example, when an heir is legally incompetent to take property through inheritance. When this happens, an estate may be treated as if no heirs existed, and the property escheats back to the state.
There can be different timetables and deadlines which apply to property escheatment. The abandonment period for property can vary anywhere between 18 months and five years, depending on the type of property.
Notices of escheat actions will often be provided to the public using announcements that are published in county newspapers. These notices are meant to allow interested parties to respond and claim ownership if it is their property.
Do I Need a Louisiana Attorney for Issues With Inheritance Succession Laws?
If you want to create an estate plan in Louisiana, including a will, or you have questions about what will happen with inheritance succession if you do not create a will, it is essential to consult with a Louisiana inheritance lawyer. Your attorney can provide you with advice about Louisiana inheritance laws and how they will apply to your specific situation and property.
If you have any type of inheritance issue in Louisiana, your lawyer will represent you in court and protect your rights. Having an estate plan will help your beneficiaries avoid disputes and issues after you pass away.
Take advantage of LegalMatch’s lawyer matching services today in as little as 15 minutes to find a Louisiana inheritance attorney in your area. You can submit your Louisiana inheritance succession question or issue on the website for free and start getting responses from member attorneys in as little as one day. Those responses will include education, fee, and previous client information and reviews for each lawyer.
