If 1 parent dies, no will in Louisiana, what is the split between the surviving spouse and child?

Question

Let me add some to this....I am an only child and my Father passed away leaving no will. How is his estate divided. My understanding is that since my Mother owned 50% and my Father owned 50% when he passes away my Mother gained 1/2 of his estate which is 25% and I would gain the other half of his estate 50%. I am not a minor. My Mother has usafruct of the home unless she sells then would have to give me my share.

Answer 1

I believe the surviving spouse and parent would get it all.

But that's only an educated guess.

Answer 2

It all goes to the surviving spouse because the child is a minor.

Answer 3

Read all about that here: http://www.louisiana-legal.com/successions.htm

This will come up:
usufruct

(law) The right of using and enjoying the profits of an estate or other thing belonging to another, without impairing the substance.
I bequeath my farm to my son John, subject to a usufruct in favour of my wife Mary, until her death or remarriage. (John acquires the farm and Mary acquires the usufruct income from the farm).

Answer 4

If you are married it goes to your husband. If you are not it goes to your child. Remember the child is a minor, even if the parent didn't get it they would have control over it.

Answer 5

In Louisiana, spouse gets it all.

Answer 6

spouce gets everything.