Many people wonder – What Happens if I Don’t Have a Will?
Dying without having a valid will executed is also known as dying intestate. Intestacy results when a person who is deceased has assets greater than their enforceable debts and funeral expenses and that person’s assets must then be distributed according to the rules of intestacy for the state of Louisiana rather than by testament. This could leave your assets in a vulnerable state if you do not have something in place to designate how you would like for them to be distributed after your passing.
If you look at the chart below, it demonstrates what happens to your assets if you die intestate.
Top Class Inherits To the Exclusion of All Others
La Civil Code Art 880, et. seq.
1st. Children or Grandchildren if No Surviving Children
2nd. Siblings w/ Parental Usufruct (Right of Use), Nieces and Nephews if No Surviving Siblings
4th. Surviving Spouse
6th. Remote Collaterals (i.e. Distant Relatives)
7th. State of Louisiana
1st. Children or Grandchildren if No Surviving Children w/ Spousal Usufruct (Right of Use)
2nd. Surviving Spouse
3rd. If No Surviving Spouse, see left column (Separate Property).
If you would like to avoid intestacy and ensure that your assets are distributed correctly after your passing, contact the Law Firm of Ryan S. McBride today for a free consultation. We will go over your situation and help you to distribute your assets according to your final wishes.
Contact us at 504-256-1705 or fill out our online form today.
We represent clients throughout Southeast Louisiana, including the New Orleans Metro Area, River Parishes, River Regions and in the parishes of Jefferson, Orleans, St. Bernard, Plaquemines, St. Tammany, St. Charles, Lafourche, St. John, St. John the Baptist, and Tangipahoa.