If I die would my inherited land go to my spouse or my grandson

I have not been with this man for 10 years but I am still married to him. My son passed away. Would the husband get the inherited land or my Grandson.

Asked on September 7, 2017 under Estate Planning, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that LA is a "community property" state, so your husband (whether or not you still live with him) would be legally entitled to 1/2 of any property that you acquired during the marriage (you, however, could then leave the remaining 1/2 to your son). The exception being is if you inherited the land. Then in that case it is your sole property, therefore you can leave it all to your son in a Will or Trust. However, if you die "intestate", that is without a Will, then under LA law, your husband would have rights to your estate. He could use your share of the community property for life; this is called a “usufruct". Your children would inherit your share of community property subject to his right to use it for life, plus they would inherit all of your separate property. Bottom line, you should have a Will or Trust or even put your son on the title to the land. At this point, you really need consult directly with a local probate or real estate attorney. They can best advise you.


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