Dying without a will in Louisiana can leave your loved ones facing uncertainty and potential conflicts over your estate. Without clear instructions, Louisiana directs how to distribute your assets through intestate succession.
This lack of planning can lead to unintended consequences. Your property may not go to the people you would have chosen, and the distribution process can be lengthy and expensive for your heirs.
Intestate succession follows a rigid set of rules that may not align with your wishes or family dynamics. It’s a one-size-fits-all approach that doesn’t account for unique situations or relationships.
How intestate succession works
In Louisiana, intestate succession affects anyone who dies without a valid will or trust. The state decides asset distribution based on a set hierarchy of heirs. Here’s the order:
- Children only: Inherit everything if there’s no spouse
- Spouse and children: The surviving spouse gets a “usufruct” (the right to enjoy the use and advantages of another’s property) over community property until death or remarriage; children then inherit the property
- Spouse only: Inherits community property; separate property goes to closest relatives
- Parents and siblings: Inherit if there are no children or spouse
- Distant relatives: Aunts, uncles, nieces, nephews and cousins inherit your assets if no closer relatives are alive
- Louisiana: All your assets revert to the state if no relatives exist
The intestacy process ensures assets go to the closest living relatives, regardless of whether that aligns with your personal wishes.
Can someone inherit my debts?
In Louisiana, debts don’t automatically transfer to your heirs through intestate succession. Heirs aren’t legally responsible for your debts unless they cosigned a loan or another account with an outstanding balance. This often occurs for spouses who cosigned a mortgage.
Your estate must settle any outstanding debts before distributing assets to heirs. The estate pays creditors typically by repossession or liquidating assets, reducing what’s available for heirs. They may receive less or no inheritance if your estate has significant obligations.
Which assets are not included in intestate succession?
Certain assets bypass intestate succession and go directly to named beneficiaries or co-owners. These assets include:
- Life insurance policies: Proceeds go to designated beneficiaries
- Retirement accounts: Funds transfer to named beneficiaries
- POD bank accounts: Payment on death accounts pass directly to beneficiaries
- Joint tenancy property: Transfers to surviving co-owners
These assets follow your specified beneficiaries and do not go through probate.
Avoid the risks of not planning ahead
Without a will or trust, Louisiana decides how to divide your estate, which may not reflect your intentions. This can lead to disputes and additional costs for your family.
Working with a skilled estate planning attorney can protect your legacy and wishes for who gets your property, sparing your loved ones from a potentially costly and frustrating ordeal during the same time they are coping with your death.