Louisiana Probate Laws

I received a question from a bereaved spouse about certain inheritance issues. Laws vary from state to state, so after ascertaining her location (Louisiana) I looked into it. What I discovered is surprising - and something Louisiana residents might want to be aware of. Bottom line - if you want your spouse to get anything, make a will!

According to Louisiana Legal Louisiana has a very strict probate and successions law that dictates who inherits property after a death. If a spouse should die intestate - that is, without a will - the surviving spouse does not inherit any property IF there are living children. That’s right - NOTHING. It all goes to the children, or if there are no children, then nieces and nephews! A simple will can protect your spouse and property.

Writing a will is as simple as downloading a form from Internet Legal Research Group and filling it out. Don’t fail to do this, no matter what state you live in, or how loving and kind you believe your family is. I’ve seen some terrible and sad things happen when a person dies without a will. After all your family will be grieving, and grief takes many forms. People may do things they would never think of when not under that sort of stress, things they may regret later.

Consider also filing out a “Living Will” and registering it here, at the US Living Will Registry. This will clarify who can make decisions for you in the event of your incapacity to do so, as well as give that person the peace of mind of knowing they are indeed carrying out your wishes exactly as you want them to.

One more suggestion - if you own a mortgaged property, such as a home or land, you can purchase for a nominal price insurance that will pay off the mortgage in the event of the death of a spouse. Usually your mortgage holder will offer it as part of their services. You can buy this type of insurance on your credit cards and other loans as well.

No one likes to think about these things - but a few minutes to take care of these things can save your surviving spouse from untold agonies on top of their grief should the unthinkable happen.