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clydedjr

Percentage of estate divided bt wife and daughter

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Rewriting my will and would like to know what is the legal amount I have to leave between my wife and daughter. Is it 50% to wife and 50% to daughter or any variation as long as my wife is given a minimum of 50%.

 

   Thanks

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Please keep in mind that LA is a community property state, and also that spouse has usufruct right to use your share of community property until she dies or remarries, even if you leave your CP interest to a kid.  (I don't think joint tenants w/ right of survivorship is a recognized type of ownership in LA.)

 

If you died without a will, your kid would get your share of community property plus all your separate property (stuff you acquired before marriage or by gift or inheritance that you didn't gift to the marriage).

You should use an estate planning attorney.  If it's a very simple will, I wouldn't use software, etc. unless it's guaranteed to be tailored to LA law.


 

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clydedjr,

 

Thanks for your post. Some states include a forced share provision in there laws which entitle a widowed spouse to take a certain amount of marital and personal property of the deceased.  The number may change with whether the deceased spouse has children.  The following links should be informative on the subject:

If you need to find a Lousiana estate planning attorney you may find one here: Louisiana: Wills Lawyers

 

If you have any more questions, Please feel free to ask.

-The Findlaw.com Team

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