How can I protect my community property from stepchildren who do not get along with me if my husband dies without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.