QUESTION
Are my brother and I entitled to ½ of my mother’s house?
Asked on Aug 24th, 2016 on Estate Planning - Louisiana
More details to this question:
My mother passed away 2 years ago. She and my step-father purchased a home together. He and my mother had wills. He just recently remarried and has since moved his new wife into the home. Now that he has remarried, is the will still valid?
1 ANSWER
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Your mother had the right in her will to leave her assets to anyone she wanted to, including her husband, unless one or more of her children were a "forced heir," meaning someone under the age of 24 or incapable of taking care of his own affairs. Remarriage of a surviving spouse does not affect the will. You may be thinking of the usufruct of a surviving spouse over the decedent's share of the community property, to the the extent that the decedent did not dispose of it by will, which usufruct terminates upon remarriage of the surviving spouse. This usufruct is granted under Louisiana Civil Code Article 890.
Answered on Sep 19th, 2016 at 6:01 PM