Posted By
Rebecca Zotti

Many people know that having a Last Will and Testament (commonly called “a Will”) is an important part of adulthood, but they also assume that if they die without one, their spouse will simply inherit all their property or that their family will be able to fairly distribute their property among themselves. However, reality is often different. Someone who dies without a Will is called someone who is "intestate." In Louisiana, this means that the state’s succession laws will decide who inherits your property, and Louisiana’s succession laws are very specific about who can inherit – and consequently, who doesn't inherit.

For modern families—especially blended families and LGBTQ+ couples and families—Louisiana’s intestate succession laws can lead to unintended consequences, unnecessary litigation, and a lot of stress for your loved ones after you’re gone.

The Hierarchy of Louisiana Inheritance

When there is no Will, Louisiana law dictates a specific order of inheritance, meaning certain people will inherit before, and possibly to the exclusion, of others based upon the law. Who inherits also depends upon the type of property. Community property (property and assets acquired during a marriage) and separate property (property and assets acquired before marriage or from a personal gift/inheritance during marriage) are treated differently. When it comes to community property, each spouse owns one-half (1/2) of the community property.

So, who inherits your one-half (1/2) of the community property and your separate property if you die without a Will?

If you die with living heirs who are:

Here’s who inherits:

A spouse and children

Your children inherit your ½ share of the community property – subject to your surviving spouse’s right to use the community property for life or until they remarry (called a “usufruct”).

Your children also inherit all your separate property.

Children, but no spouse

Your children inherit everything.

A spouse, but no children, parents, or siblings

Your spouse inherits everything.

Parents, but no children, spouse, or siblings

Your parents inherit everything.

Siblings, but no children, spouse, or parents

Your siblings inherit everything.

A spouse and parents

Your spouse inherits all your community property.

Your parents inherit all your separate property.

A spouse and siblings, but no parents

Your spouse inherits all your community property.

Your siblings inherit all your separate property.

Siblings and parents, but no spouse or children

Your siblings inherit all your property, but your parents have the right to use it during their life.

Importantly, children must be biological or adopted children to be recognized by the law, and a spouse includes any spouse who is not legally separated from the deceased.

Risks for Blended Families

Louisiana’s inheritance laws were designed around blood relatives, which may have worked decades ago. But for today’s blended families, where there are often stepchildren and ex-spouses involved, Louisiana law may fail to reflect your true wishes:

  1. Exclusion of Stepchildren: Louisiana intestate law does not allow stepchildren to inherit from you. It doesn’t matter if you’ve raised the child or been the only parent they know, unless you’ve legally adopted your stepchild, they won’t inherit anything from you if you die without a Will.
  2. The "Co-Ownership" Issue: If you die without a Will and have a blended family, your surviving spouse and your children from a previous marriage would end up as co-owners of your home bought during your marriage to your surviving spouse. This often leads to complications, stress, or lawsuits if the parties can’t agree on how to manage or sell the property.

How do you avoid these risks? By executing a valid Will or Trust.

Legal Vulnerabilities for LGBTQ+ Individuals, Couples, and Families

Marriage equality provided significant protections to LGBTQ+ individuals, but many families still face unique hurdles under Louisiana law—especially anyone in a long-term partnership who isn’t legally married.

  1. Unmarried Partners: Without a Will, an unmarried partner has no legal right to inherit from a deceased partner, remain in a shared home that they don’t co-own, or manage the deceased partner’s estate. Even if you and your partner both own your home, your surviving partner won’t inherit your one-half (1/2) interest in the home without a Will.
  2. Family Conflict: Louisiana intestate law doesn’t care if you’re estranged from your biological family. Under the law, your biological family has greater inheritance rights than your partner or chosen family.
  3. The Remarriage Restriction: If you die without a will and have a surviving spouse and children, your surviving spouse will have the right to use your one-half (1/2) of the community property, but that right (the usufruct) will end if the surviving spouse re-marries. For many people, this restriction isn’t acceptable.

Like with blended families, LGBTQ+ individuals, couples, and families can protect their loved ones, including their chosen family, with a valid Will or Trust.

A Modern Approach to Estate Planning

At Aspen Estate Planning, we believe that every family deserves a plan that honors their unique story. We help you navigate the complexities of Louisiana law, but estate planning doesn't have to be a cold, uncomfortable process. We believe in making it a conversation, not a chore, and we focus on planning that’s rooted in your relationships.

Secure your family's future today. Contact us at Aspen Estate Planning to schedule a free, initial consultation. Let us help you take the guesswork out of your legacy.