If a husband dies with no Will and children are involved, is the wife entitled to half the estate or only a child’s portion of the estate?

Asked on September 15, 2012 under Estate Planning, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The rules of intestate succession determine inheritance when one dies without a Will.  Intestate means dying without a Will.  If the husband dies without a Will, the surviving spouse inherits the entire estate.  If there had not been a surviving spouse, the estate would have been divided equally among the surviving children.  If an adult child died with surviving children, those surviving children would inherit their deceased parent's share.

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