Legal Question in Wills and Trusts in Louisiana

Inheritance Property

Over 13 years of marriage, and we have a will, leaving the surviving spouse everything. The will does not have descriptions of our things, money, properties, etc.; just that we give each other everything. We both stand to inherit property from our parents. Is inherited property separate from all else? We do not have children together, but we do have children from previous marriages, all over the age of 28. Thank You for your time and effort.


Asked on 4/26/05, 8:03 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

Re: Inheritance Property

If you did not have wills, then separate property (like assets you inherit) would pass to your children instead of your spouse. But your wills control the disposition of all of your assets, both separate and community.

One potential problem is this: if your wills leave everything to each other, then the surviving spouse will have complete control over the disposition of all of your assets. For example, if husband dies first, and wife inherits all of his assets, then wife can leave all assets to her children, and husband's children get nothing.

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Answered on 4/26/05, 8:58 am


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