Legal Question in Wills and Trusts in Louisiana

My father died intestate. There is no record of a marriage certificate between my mother and father. Though they had a ceremony in the state of Louisiana and lived there until he died. Is she considered the "widow" and entitled to half of my father's estate?

Asked on 5/20/21, 7:48 am

2 Answers from Attorneys

James Maguire James G. Maguire, Attorney At Law

Is your mother still living? If so, I would contact her and see if she has proof of a marriage. If they were in fact married she would be entitled to one-half of any community property, assets they acquired during the marriage.

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Answered on 5/20/21, 8:08 am
Charlton Ogden Taggart Morton, LLC

If they were in fact legally married, she is entitled not only to 1/2 of the community property acquired during the marriage, but also to the usufruct of your father's 1/2 of the community estate, if he died intestate (without a will). There should be some evidence of their having been married of record, if so.

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Answered on 5/20/21, 8:32 am

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