In Louisiana, who can inherit if a person dies intestate?

In Louisiana, when a person dies intestate—meaning without a valid will—the law outlines a clear hierarchy of legal heirs who are entitled to inherit the deceased's estate. This framework is established to ensure that the deceased's assets are distributed fairly among those who are closest to them.

The correct answer reflects that both a surviving spouse and children are considered legal heirs under Louisiana's intestacy laws. Specifically, Louisiana's Civil Code stipulates that if a person dies without a will, the estate is typically divided among the surviving spouse and children, ensuring that immediate family members receive the majority share of the estate.

In cases where there are no children, the spouse would inherit everything. If there are no spouse or children, the laws allow parents to inherit, and if parents are also deceased, then the inheritance can pass to siblings or further extended family members, but this is not the primary scenario in intestate succession. The designation of "legal heirs" encapsulates the spouse and children, and they have the first claims to the estate, reflecting the values of familial support and responsibility in Louisiana law.

Understanding this structure is crucial for navigating situations involving intestacy, as it helps clarify who has legal rights to inherit from the deceased under Louisiana’s statutory framework.