Dying Without A Will - Intestate Successions

In Louisiana, if you die without a will, state laws decide how to divide your property. The division hinges on factors. These include having a spouse or not. Also, the type of marriage, and having children or other relatives. Close relatives are more likely to inherit.

Meanwhile, some types of property bypass state laws. These types include life insurance and retirement accounts. The same is true for assets owned in joint tenancy. They go straight to named beneficiaries or co-owners.

Louisiana's intestate succession laws determine how to divide property. This happens if there is no will. Here’s a general outline of how Louisiana's intestate laws work:

1. If there are children but no spouse:

   • Children share the property in equal portions. 

2. If there is a spouse and children:

   • The spouse gets a usufruct over the community property until death or remarriage. The children inherit the property. 

3. If there is a spouse but no children:

   • The spouse inherits the community property. The deceased's separate property goes to the closest living relatives. These include parents or siblings. 

4. If there are no spouses or children:

   • The property goes to the closest living relatives. It goes to them in this order. First, parents and siblings get it. Then, more distant relatives like aunts, uncles, nieces, nephews, and cousins get it. 

5. If there are no living relatives:

   • The property may escheat, or revert to the State of Louisiana. 

Specific rules and exceptions can apply. This is especially true for the classification of property as community or separate. So, it is important to consider the details of each case. 

Louisiana law divides a person's property if they die without a will. It considers several key factors.

First, it looks at the deceased's marital status and the type of marriage. This determines the sharing of property.

The surviving spouse plays a significant role. They might get rights to certain properties or even full ownership.

Next, children get involved. They might share the property or inherit it. The spouse could keep rights to it.

If there are no children or spouses, the property goes to other relatives. The law prioritizes closer family members.

The law also differentiates between community and separate property. During the marriage, spouses have community property. Separate property includes assets owned before or received as gifts.

Specific assets, like life insurance, aren't included in the division. The law also recognizes retirement plans and jointly owned assets with inheritance rights.

In the end, these factors determine how to divide the estate among heirs. Those with closer relationships are usually prioritized.

In Louisiana, inheritance rules are clear. First, children get everything if there is no will. Then, it goes to a spouse or other close relatives. Parents and siblings share it if there are no children or spouses. After that, nieces and nephews come into play. If there are no closer relatives, more distant ones inherit. Finally, if the state does not find any relatives, it takes the estate. The closer the relationship, the higher the priority for inheriting.

In Louisiana, if someone dies without a will and leaves a spouse, property distribution depends on the type of property. It depends on whether the property is community or separate. It also depends on whether there are children.

Here's the breakdown:

1. Community Property:

   • With children: The spouse gets to use the community property until they remarry or die. This situation is the spouse's usufruct. Then, the children inherit it.

   • Without children: The spouse gets it all.

2. Separate Property:

   • Kids split it fifty-fifty; the spouse gets nothing from the deal.

   • The spouse gets the dead person's share of the community property. This is if they had no children, but did have parents or siblings. They also get the right to use the dead person's separate property. But parents or siblings inherit it.

   • Without children, parents, or siblings, the spouse takes both.

Distribution might change based on unique situations and the property's type.

For more information see, About Classifying Property: Community Property Versus Separate Property. 

Children's presence alters Louisiana's property division in the absence of a will.

Property division follows a standard pattern:

Assets fall into two categories: marital and separate properties. Marital assets are co-owned by the couple. Sole ownership of properties belongs only to one spouse. Courts decide property distribution based on various factors. Factors include the length of the marriage and earning capacity. Property distribution seeks a fair and reasonable outcome.

1. Community Property:

   • The surviving spouse gets a usufruct, the right to use, over the community property. They keep it until their death or remarriage.

   • Children divide community property into equal shares upon inheritance. They become the owners. But the surviving spouse keeps the right to use the property during the usufruct period.

2. Separate Property:

   • The children inherit the deceased's separate property in equal shares. The surviving spouse does not inherit the separate property if there are children.

For more information, see About Classifying Property: Community Property Versus Separate Property. 

In Louisiana, some properties skip intestate succession. They channel money straight to beneficiaries or co-owners, bypassing middlemen. Here are the key types:

1. Living Trust Transfers:

   • Properties in a living trust avoid intestate succession. They proceed immediately to the intended recipients.

2. Life Insurance Payouts:

   • Life insurance proceeds go to policy beneficiaries.

3. Retirement Accounts:

   • Named beneficiaries receive money from retirement accounts, like IRAs and 401(k)s.

4. POD Bank Accounts:

   • Bank accounts with payable-on-death designations bypass probate, passing to beneficiaries.

5. Joint Tenancy Property:

   • Co-owned properties with survivorship rights pass to the surviving co-owners.

These assets follow the deceased's instructions. They do not need probate under intestate succession laws.

1. Definition: It covers assets and income earned during a marriage. This includes wages, purchases, and community property income.

2. Exceptions: Gifts or inheritances to one spouse. Also, property bought with separate funds, like pre-marriage assets or gifts.

How is community property treated without a will?

1. Surviving Spouse and Children:

   • The spouse gets a usufruct over the deceased's half. This lasts until their death or remarriage.

   • Children inherit the other half. They split it.

   For instance, if a married person with two kids dies without a will, the surviving spouse can use their half. But, the two kids own it.

2. Surviving Spouse Only (No Children):

   • The surviving spouse inherits everything outright.

   For example, if a married person without kids dies, the spouse gets all the community property.

3. No Surviving Spouse or Children:

   • Property goes to other relatives based on their relationships.

   For instance, if someone without a spouse or children dies, the property might go to their parents. It could also go to their siblings or more distant relatives.

Key Points to Remember

• Married couples share community property during marriage.

• After a spouse's death, the other spouse usually keeps the right to use their half. Ownership goes to the children, if any.

• Without children, the surviving spouse gets it all.

In Louisiana, when someone dies without a will, their property goes to relatives. It goes to their surviving relatives.

1. If children are alive:

   • Children receive individual shares of separate property; spouse not included.

   • For example, if a person with three children dies without a will, each child gets an equal share.

2. If no children but a spouse is present:

   • The spouse does not inherit separate property by default. It goes to the deceased’s parents or siblings.

   • For example, if a childless person passes away, their property goes to their parents or siblings.

3. No Children, Parents, or Siblings:

   • The spouse can inherit if no close relatives are alive.

   • Otherwise, the property goes to distant relatives. These include nieces, nephews, aunts, uncles, and cousins.

4. No Relatives:

   • If no relatives are alive, the property may go to the state.

Key Points:

• A single individual possesses a property outright.

• Distribution depends on surviving relatives.

• Children are the top heirs if they exist.

• Otherwise, the property goes to parents, siblings, or more distant relatives.

These rules ensure a fair distribution among relatives based on their relationship.

In Louisiana, heirs can choose to accept or refuse an inheritance. Here's how:

A. Accepting an Inheritance

1. Unconditional Acceptance:

• Heirs take everything, including debts.

2. Acceptance with Benefit of Inventory:

• Heirs limit their liability to the asset's value.

B. Refusing an Inheritance

1. Formal Renunciation:

• Heirs submit a signed statement, usually in document format.

2. Informal Renunciation:

• Heirs reject inheritances by not claiming them or by demonstrating disinterest.

Effects:

• Once an heir accepts, they cannot later refuse.

• If an heir refuses, it passes to the next eligible relative.

Remember:

• Heirs must be mentally capable of deciding.

• Deadlines vary, and legal advice is wise, especially with complex estates. For more information, see Finding and Hiring a Lawyer. 

In Louisiana, an heir can lose inheritance rights if declared unworthy. This exclusion has significant consequences. Here's what it means and its impacts.

Reasons for Declaring an Heir Unworthy

There are two main reasons why someone may declare an heir unworthy:

1. Crime Conviction:

   • Found guilty of intentional murder or attempted murder of the victim.

2. Judicial Decision:

   • If a court finds that the heir intentionally and unjustly killed or tried to kill the deceased. This can happen even without a conviction.

Legal Steps

1. Filing for Declaration:

   • Another heir or someone with an interest in the estate can request this. For instance, a minor heir's legal guardian.

   • They must go to court and provide evidence of the heir's unworthiness.

2. Court Decision:

   • The court reviews the evidence and decides whether the heir is unworthy. It considers the specific circumstances and legal standards.

Effects of Unworthiness

1. Inheritance Disqualification:

   • The unworthy heir treats the deceased as if they had died before them. Hence, they can't inherit anything.

   • They lose all rights to the estate's assets and benefits.

2. Estate Redistribution:

   • The unworthy heir's share goes to the other heirs per the law.

   • If the heir has children, the children might inherit that share.

3. Pardon doesn't help:

   • No pardon can reverse the unworthiness declaration. Even after a pardon, the disqualification remains.

In Louisiana, joint tenancy affects property distribution when someone dies without a will. Here's how it works:

• Joint Tenancy: It's when two or more people own property together with equal rights. They also share responsibilities. The key part is the right of survivorship.
• Right of Survivorship:

  • Automatic Transfer: The owner's share reverts to the remaining owners upon their death. This bypasses probate and intestate laws.

  • Immediate Ownership: The surviving owners gain full ownership right away. The deceased's share vanishes. The property is not part of their estate.

• Implications for Intestate Succession:

  • Property Excluded: It's not part of the deceased's estate. Thus, it avoids intestate laws.

  • No Intestate Effect: The property passes immediately to the remaining co-owners. For instance, a sibling might inherit a bank account, avoiding other relatives' claims.

When someone dies without a will, their retirement accounts and life insurance go to the beneficiaries they chose. This is instead of following the rules for those without a will. Let's look at each one:

Retirement Accounts

1. Beneficiaries:

   • The account holder can name beneficiaries for accounts like IRAs, 401(k)s, and pensions.

   • Funds pass to designated beneficiaries when the holder dies.

2. Direct Transfer:

   • Beneficiaries avoid probate, and the assets skip intestacy laws.

   • A spouse named as a 401(k) beneficiary receives the entire amount.

3. No Beneficiary:

   • Without a named beneficiary or a surviving one, the account might go to the estate.

   • Then, probate processes the funds and distributes them according to intestate laws.

Life Insurance Policies

1. Beneficiaries:

   • Policyholders can name beneficiaries to receive the funds.

   • The payout goes straight to those named.

2. Direct Payout:

   • Payouts bypass probate and intestate laws.

   • A child named as a life insurance beneficiary gets the payout outright.

3. No Beneficiary:

   • Without a named beneficiary or a surviving one, the payout may go to the estate.

   • Then, it goes through probate and follows intestate laws.