Started working with a family yesterday on a succession. The Wife died several years ago, and the Husband passed away a couple of weeks ago.
All of the financial assets were in an account titled in the name of the Husband. His wife had bequeathed him the lifetime usufruct of her estate.
Husband had a few particular cash bequests in his Will, and he also named who he wanted the balance of his estate to go to. For example, in his Will he stated something to the effect of, "I leave $10,000 to Jane Doe."
Mom, however, also made a similar bequest in her Will stating something like, "Subject to the lifetime usufruct of my husband, I leave $10,000 to Jane Doe."
Now, Jane Doe is entitled to $20,000. She is entitled to receive $10,000 from Wife (this bequest was subject to Husband's lifetime usufruct), and she is entitled to receive $10,000 from Husband's estate).
When a Louisiana surviving spouse dies, we often have to go back to the Will and the Succession of the first spouse to die to determine what the heirs of both decedents are entitled to. Many times the surviving spouse will own the usufruct of assets, but when the surviving spouse dies, the surviving spouse's estate will be accountable to the heirs of the first spouse to die.
If you need help with Louisiana Succession or Probate issues, feel free to send me an email at paul@rabalaislaws.com, or give us a call at 225-329-2450. In your email, put NEED SUCCESSION HELP in the Subject line, and I recommend you put your phone number in the email in case I need to talk to you about your situation.
Paul Rabalais
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