Not Convinced? What Happens in Louisiana When You Die Without a Will

Over 80% of people in Louisiana don't have a will, so what happens if you die without one?

If you haven't written a will, the State of Louisiana has "written" one for you. Here's what it says in a nutshell:

My community property goes to my spouse in usufruct (basically, the use of) and to my children in naked (underlying) ownership. If I have no children, then to my spouse.

My separate property goes to my children and if I have no children, then to my brothers and sisters with a usufruct to my parents. If my parents are deceased, then to my brothers and sisters and if I have no parents, brothers or sisters, to my nieces and nephews.

Some questions to ask yourself about this plan:

• The usufruct allows your spouse broad rights to use your property until death or remarriage. What about the underlying ownership of your children? What happens if he wipes out your savings during his lifetime? Is anything left for your kids?
• Is the surviving spouse the mother of your children? If not, their stepmom is getting use of your property before your children do. Do you think they will all get along? How will your children be protected?
• If you have significant separate property, are your children old enough to get it? Responsible enough?
• Do I want my brothers and sisters to get my property? Under the law, half-siblings "count." Is that your intent?
• Do you have a spouse or children with disabilities and getting government benefits? An inheritance like this will likely jeopardize those benefits. Is that in their best interest?

I can give you many reasons why you should consult an attorney to draft a will and estate plan, but the bottom line is this: Do you want the will Louisiana has written for you?