What happens to the assets in an intestate estate after the death of the deceased?
In Louisiana, when a person dies without leaving a will (known as “intestate”) their assets are distributed in a manner determined by the laws of “intestate succession.” After the death of a deceased individual, the surviving spouse and children are normally the first in line to receive the deceased’s assets. If the deceased did not have any survivors, the deceased’s estate is then distributed among the person’s closest living relatives in the following order: parents, siblings, grandparents, aunts, uncles, and so forth. If the deceased had no surviving relatives, then the assets in the intestate estate will be distributed in accordance with Louisiana law. In most cases, the assets will be allocated to the state of Louisiana. In the event that the deceased had a living spouse, the spouse would have the first right to any assets, followed by the deceased’s children or other living relatives. The intestate estate will also be subject to legal fees and other liabilities that the deceased individual may have left behind. The intestate succession laws in Louisiana can be complicated and difficult to understand. If you believe that you have a right to the assets of a deceased relative, it is important that you speak to an experienced estate planning attorney. An attorney can help you understand the intestate succession laws and the process of applying for and receiving the assets in an intestate estate.
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