Estate Planning

The Louisiana Intestate Will

By Myrna Arroyo

Note - The following is not a legal document, it is an illustration of how your property will be distributed under Louisiana law if you die without a will.

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Louisiana Intestate Will

Article 1 - I direct the probate court to appoint anyone of its choosing, to be my succession representative and administer all property owned by me on the date of my death.   I further direct that a succession proceeding be opened and that a detailed inventory of all of the property I own be filed in the court records.

Article 2- I direct that all my debts be paid, including taxes, probate fees, administrative fees, and attorney fees.

Article 3 - If I am married and my spouse survives me, I give him or her a usufruct over my half of my community property.  This means my spouse will have the use of the property, and any income from the property, until she dies or remarries.   This also means my children will be the naked owners of all the community property and my spouse will need their approval to sell, dispose or mortgage the community home.

Article 4 - All of my property, including any separate property I own at the time of my death, will go to my children, subject to the usufruct granted to my spouse over my community property in Article 3.  If any of my children are minors, the court can appoint a person of their choice to act as tutor until the child reaches age 18.  At that time, my child will receive his or her share outright regardless of his or her financial or emotional maturity.

Article 5- If any of my children do not survive me, then I direct that his or her share will got to his or her grandchildren, in equal shares.  If any of these grandchildren are minors, the court can choose someone to act as tutor until the child reaches age 18.  At that time, the child will receive his or her share outright regardless of his or her financial or emotional maturity.

Article 6 - If my spouse does not survive me then all of my property will go to my children under Articles 4 and 5.

Article 7 -  If my spouse and descendants all die before me, then my property will go to my brothers and sisters, subject to a usufruct in favor of my parents.

Article 8 - If the Probate Court cannot find any living relatives, then my court can give my property to the State of Louisiana.

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Note:  THIS IS NOT A LEGAL DOCUMENT.  IT IS A SUMMARY OF SOME OF LOUISIANA’S INTESTACY LAWS.  DO NOT ATTEMPT TO USE THIS FORM AS A WILL FOR LEGAL PURPOSES.  IF YOU NEED A LOUISIANA WILL, VISIT WWW.LOUISIANAWILLFORMS.COM

Full post as published by Louisiana Estate Planning on February 05, 2009 (boomark / email).