Legal Question in Family Law in Louisiana

Succession

My ex husband died last week. We have a 10 year old son. He has remarried and has a 3 year old daughter. We never settled our community property and live in a community property state. His pension is left to his ''eligible'' spouse and surviving children. She gets 60% and the children get 10%. We were married for 7 years and this marriage has been for 3 years. Am I entitled to any of his pension?


Asked on 11/19/07, 1:33 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Succession

From just what you have written, I am of the opinion that you do have a claim under the community property laws for a portion of the retirement. More information is needed to calculate what you are entitled to, but it is something, however, I cannot say how much.

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Answered on 11/19/07, 1:38 pm


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