Can you tell me if a will written in Louisiana in 1991, giving all children (four) equal parts of the estate and the suriving spouse usufruct of the comunity property until the time of her death (2006)does she have the right to leave all assets to one child including the said comunity property?
1 Answer from Attorneys
Re: Louisiana will
If the property was community property then a 1/2 interest in the property was hers, not the father's.
If those children she did not give to had already had their 23rd birthdays then she had no obligation to give from her half of the community (or any of her separate property) to those children. If she chose not to give to someone who was not yet 23 at the time of her death then the will can be challenged.
The father's half should be disbursed equally between the children