Understanding Louisiana Intestate Law: What Happens When You Die Without a Will

When a person dies without a valid will, they are considered to have died "intestate." In such cases, the distribution of their estate is governed by state laws. In Louisiana, the process is unique due to its roots in the Napoleonic Code, which influences many aspects of the state's legal system. Understanding Louisiana's intestate succession laws is crucial for anyone residing in the state or dealing with the estate of a deceased Louisiana resident.

Here is a livestream video I made describing various aspects of the Louisiana intestate law.

Basic Principles of Intestate Succession in Louisiana

In Louisiana, intestate succession is governed by the Louisiana Civil Code. When someone dies without a will, their assets are distributed according to a strict legal framework that prioritizes certain family members. The distribution follows a specific order:

1. Descendants (Children and Grandchildren): If the deceased .is unmarried but has children, the children are the primary heirs. The estate is divided equally among the children. If a child predeceased the decedent but left children (grandchildren of the decedent), those grandchildren will inherit the share that their parent would have received.
2. Parents and Siblings: If the deceased is unmarried and has no surviving descendants, the estate is divided between the parents and siblings. Parents have a usufruct (the right to use the property), and siblings are the naked owners.
3. Surviving Spouse: The surviving spouse is not the first in line to inherit in Louisiana, unlike in many other states. The surviving spouse receives a usufruct over the deceased spouse's share of the community property. This means the spouse has the right to use the property or enjoy the income from it during their lifetime, but the ownership ultimately passes to the decedent's children or other heirs.
4. Other Relatives: If there are no descendants, parents, spouse or siblings, the estate will be divided among more distant relatives, such as aunts, uncles, cousins, and grandparents. The distribution follows a set order of priority, with closer relatives taking precedence.
5. The State of Louisiana: If there are no identifiable heirs, the estate escheats to the state of Louisiana. This means the state takes ownership of the property, a rare occurrence.

Community Property vs. Separate Property

In Louisiana, understanding the distinction between community property and separate property is essential, especially in intestate succession cases.

• Community Property is generally property acquired during the marriage. In intestate succession, the surviving spouse retains their half of the community property, while the deceased’s half is distributed according to the intestate succession laws.
• Separate Property includes assets acquired before marriage or through inheritance or donation. This property is not subject to division with the spouse and is distributed directly to the heirs.

Usufruct Rights of the Surviving Spouse

A unique aspect of Louisiana intestate law is the concept of usufruct, which allows the surviving spouse to use or benefit from the deceased spouse’s property without outright ownership. The surviving spouse's usufruct ends upon their death or remarriage, at which point the property fully passes to the decedent’s other heirs, typically the children.

Forced Heirship

Another distinctive feature of Louisiana law is forced heirship. This rule mandates that a portion of the deceased’s estate must go to certain heirs, particularly children under the age of 24 or those of any age who are permanently incapable of taking care of themselves due to mental or physical infirmity. In intestate cases, forced heirs automatically receive their forced portion, regardless of the decedent's intentions.

Implications and Importance of Estate Planning

Given the complexities of Louisiana's intestate succession laws, it is evident that proper estate planning is crucial. Without a valid will or trust in place, your estate may be distributed in a manner that does not align with your wishes. Creating a will allows you to:

• Designate specific heirs.
• Provide for your spouse and other loved ones.
• Minimize potential disputes among family members.
• Manage estate taxes and other legal complications.

Conclusion

Louisiana’s intestate succession laws are complex and deeply rooted in the state’s unique legal traditions. If you reside in Louisiana or have assets there, understanding these laws is essential. The best way to ensure that your estate is handled according to your wishes is through proactive estate planning. Consulting with an attorney experienced in Louisiana estate law can provide peace of mind and protect your loved ones from potential legal challenges in the future.