Did your husband have a will? From the wording of your question, it sounds like he did not.
Assuming your husband died intestate (which means “without a testament”), and further assuming that he was domiciled here in Louisiana and everything he owned on the date of his death was located here, Louisiana law will determine what everyone gets.
Under Louisiana inheritance law, the separate property of a Louisiana’s decedent (the person who died), and the decedent’s half of the community property, go to all of his children equally, if the decedent had children. If any of his children predeceased him, then that share would go to that child’s children. In some cases a surviving spouse might be entitled to a usufruct over some of the property left by the decedent.
If the property your husband’s son wants was acquired by your husband in his own name before he married you, then it is separate property.
There’s a lot more information a good attorney will need to know in order to properly respond to your specific legal question, and the only way for you to get the answer you need and want is to schedule a consultation with a Louisiana lawyer and give him or her all of the facts.
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