How can I protect my community property from stepchildren who do not get along with me if my husband dies without a Will?

He does not want to make on out.

Asked on August 1, 2014 under Estate Planning, Louisiana


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

Answered 6 years ago | Contributor

If your husband dies intestate (without a will), you will inherit his entire estate because the surviving spouse inherits the entire estate under the rules of intestate succession.  If there is no surviving spouse, the estate is divided equally among the surviving children.  If there is a deceased child who had children, those grandchildren inherit the share their deceased parent would have inherited had the deceased child survived.

You inherit your husband's entire estate including his half of the community property.  You already have a half interest in the community property.

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