Many people think that if they make a will, the administration of their property after death will go smoothly, with no questions asked. This is not always the case. A Louisiana case out of Jefferson Parish dealt with one of these precarious situations.
After her husband, Anthony’s sudden death in 2005, Sharon Sylvester, found herself in a legal battle with Anthony’s first wife, Joyce Sylvester. Anthony’s will, which had been drafted four years before he married Sharon, stated, “Upon my death, after all just debts are paid, I leave and bequeath all things I may die possessed of to my four children, namely….”, and subsequently named the children of Anthony and Joyce. The will was never amended before Anthony passed away. Three weeks after Anthony’s death, Sharon filed a petition, containing a descriptive list of the assets of the estate and a copy of Anthony’s will, in Jefferson Parish.
Louisiana is a community property state. This means that property acquired during a valid marriage by either spouse or by both of them, is presumed to be community property that belongs to the “marital economic community.” On the death of one spouse, the surviving spouse gets half of the community property and the estate gets half. Property acquired before the marriage belongs to the spouse who acquired it.