Beware! Without a Will Separate Property Is Not Inherited By Your Spouse!

If you’re thinking that your spouse will inherit everything after you pass away, think again! While this may be true for community property belonging to your marriage, separate property must be covered by a will to ensure your spouse has the right to inherit it.

Under Louisiana law, separate property is any property that:

  1. You owned before you got married;
  2. You inherited; or
  3. Was given to you individually; or
  4. Was acknowledged to be your own property by your spouse

Most are surprised to learn that their spouse will not inherit your separate property if you die without a will. It is your children and your family that will inherit any separate property you have when you die pursuant to Louisiana law. If you want your spouse to inherit your separate property, you must provide for it in a valid will.

If you have any questions concerning wills, please consult an experienced estate planning attorney. Contact Losavio & DeJean, LLC, The Louisiana Elder Law Firm online or reach out to us by calling (800) 835-5864.