A gentleman came in our office this week whose wife had passed away years ago and he's about to get married for the second time. He has children and he's really concerned about protecting what he has for his children. I had to tell him about a special Louisiana rule called the Marital Portion and that rule is just for Louisiana. Most people don't know about it. The rule says if a spouse dies and they are rich in comparison to their surviving spouse, then regardless of what the rich spouses will says, their spouse is going to be entitled to some of the rich spouses estate. In this case if he dies, regardless of his will saying he wants to leave everything to his children, his wife is going to be entitled to 25% of his estate. He was going to write a will stating he leaves his estate to his children but this marital portion rule says because he's rich and she's poor, she gets a quarter of his estate no matter what. It can't be waived and there's no getting around it. So, be aware of this. It's just a special circumstance and often comes up when one spouse has a lot of separate property and the other spouse doesn't have much.
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