This week I encountered an interesting case study in Louisiana Intestacy Law. Intestacy laws take over when someone dies without a will. I am working on the intestate succession with a client whose son recently died. The son had no spouse or children. His only surviving heirs are his two parents and his half-sibling on his father’s side. Under Louisiana Intestacy, when someone dies with only surviving parents and siblings, the usufruct (lifetime use) of their estate passes equally to their parents. When the parent’s later die, their use right ends and the assets of the child’s estate vest equally in their siblings.
So what happens when the all the siblings are only half-siblings on one side? Do they inherit the entire estate when the parents’ use right ends? The answer is no. In the scenario above where half-siblings only come from one parent’s side, those half-sibling only receive the half of the estate that their parent had use of. The other half vests outright in the other parent, the mother in this case. This means the mother has more than just lifetime use, she has full ownership. The mother can designate in her will what happens to any remaining portion of what she inherited from her son. The father, having only usufruct, cannot direct the portion received from the deceased son to anyone other than the half-siblings.
If you have a relative who died in Louisiana without a will and you are unsure how the intestate heirship works, we can help! Simply call Legacy Law Center at (504) 274-1980 in Metairie, New Orleans, and surrounding areas or call (985) 246-3020 in Mandeville, Covington, Slidell, Houma , and Thibodaux.