Will the state of Louisiana end up with my estate?

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Carl S. Goode |

The succession process in Louisiana is how your estate will go to the people that you want to inherit from you. Writing a will or setting up a trust are two ways to help ensure the fulfillment of your wishes. However, the state itself might wind up with your possessions if you die intestate.

To understand how this could happen, you should know how Louisiana has set up its line of intestate succession.

Close relatives who may inherit from you

Assuming you have no community property upon your death, you will only have separate property remaining in your estate. Without a will, your separate property will go to your children if you have any. If your children have died, your property could go to any children they have.

In the event you have no children, your separate property will pass to your siblings. If you have a deceased brother or sister, their descendants are next in line to inherit from you.

The remaining line of succession

Following brothers and sisters, state law lists a progression of relatives that can receive your separate property. The list progresses as follows:

  • Your parents
  • Your spouse
  • Your grandparents or ascendants
  • Your nearest family member

While many people have someone within this order that can inherit, it is possible that no relative is alive or exists to take on your estate. This is when the state of Louisiana can take possession of your remaining property.

Getting control over your estate plans

Intestacy means you lose control over who receives your estate. If you do not want the state to acquire your property after you die, creating a will or a trust could be a solution if you want a friend or a charity to inherit from you.

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