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Louisiana has the most complicated laws of intestacy in the US. It is the only state that has a legal system based on the Napoleonic Code. You can read more about it at the link provided below.

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14y ago

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This was a British legal doctrine governing the inheritance of property that required a man's real property pass in its entirety to his oldest son?

Primogeniture is the method of succession that favors the first born son to the exclusion of younger siblings.


How could a wife own property based on the Napoleonic Code?

Under the Napoleonic Code, a wife could own property primarily through the legal framework established for community property or separate property regimes. In a community property arrangement, both spouses jointly owned assets acquired during the marriage, but the wife could also retain ownership of her personal property brought into the marriage. Furthermore, a woman could independently acquire property through inheritance or gifts, making it her separate estate. Legal reforms over time have further expanded women's rights to property ownership, but these foundational principles were significant in the early application of the Napoleonic Code.


What is the importance of having a hand written law code?

A law code, is a systematic and comprehensive written statement of laws. In countries which have a civil law , a code exhaustively covers the complete system of law, such as civil law or criminal law. In a country which has common law, a code is a less common form of legislation, and it modifies a specific area of the existing common law. The importance of law codes is that they establish clear rules regarding matters such as property, inheritance, transactions, litigation, injuries, crime, etc.


What was the social structure of Greek society?

Male property owners, small and large. Male non-property owners - artisans and workers. Male resident aliens. Male non-resident aliens. Women and children. Slaves.


Can an inheritance be taken by the courts or creditors if the will has not been executed and most likely will not be until after filing for Chapter 7?

Some received before the discharge are collectable by the trustee. Whether an inheritance can be included depends on the the type of BK (Federal or State) and the laws that are applicable. If however, the BK has been discharged, no monies are subject to seizure by the truste/court. I'm a little confused by the answer above. There is no such thing as "State bankruptcy," though there are state receiverships which are similar but rare. The only bankruptcy that exists in the U.S. is federal bankruptcy, which is codified in Title 11 of the U.S. Code (though State law does affect the federal bankruptcy laws in each State to a certain extent). It is also not true that once the bankruptcy has been discharged the court can't come after inheritance proceeds. If the inheritance occurs within 180 days after the discharge, the court can still come after the money (see 11 U.S.C. 541 (a)(5)). If the inheritance occurs before or during the case, the debtor has an obligation to notify the court by listing the inheritance on their Schedule B, and the court can then go after the money assuming the State in which the bankruptcy is pending does not allow the debtor to exempt that type of property. Also, actual receipt of the inheritance funds is not necessary, a debtor has to list the inheritance if the debtor knows it is coming even if the debtor hasn't actually received it yet. In some states, one can "disclaim" an inheritance, which means the person can say they don't want it, and the inheritance is protected from the bankruptcy court, but this is complicated and rule-specific and one definitely needs to consult with their attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Related Questions

What are the Islamic laws regarding the sharing of a wife's inheritance in her husband's property after his death?

In Islamic law, a wife is entitled to a share of her deceased husband's property, which is determined based on the specific circumstances and the presence of other heirs. The wife's share is typically one-eighth if there are children, and one-fourth if there are no children.


Can an inheritance of a spouse be considred as conjugal property?

In some jurisdictions, an inheritance received by a spouse may be considered separate property rather than conjugal property. However, it ultimately depends on the specific laws and regulations in the jurisdiction regarding the treatment of inheritances in relation to conjugal property.


Is a cash inheritence community property?

No. An inheritance is separate property.No. An inheritance is separate property.No. An inheritance is separate property.No. An inheritance is separate property.


Does estate money belong to both husband and wife?

An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.


Is there a difference between estate being willed to you or inheritance?

No. Property that you receive by a will IS an inheritance. Property received from a relative under the laws of intestacy when there was no will is also an inheritance.


What are the next of kin rights to property?

Next of kin typically have inheritance rights to property of a deceased individual if there is no will in place. The laws governing inheritance vary by jurisdiction, but generally, biological children and spouses are first in line to inherit property. If there are no living next of kin, the property may pass to more distant relatives or to the state.


Is an English will concerning a property in Scotland valid in Scotland?

No, a will made in England concerning a property in Scotland may not be automatically valid in Scotland. It is advisable to have a separate Scottish will prepared to ensure it complies with Scottish laws and regulations regarding inheritance and property.


Who decides your inheritance?

There's not really such a thing as "your" inheritance. It seems a strong myth in our culture that just by being someone's offspring you are somehow entitled to an inheritance. The property belongs to the owner. The owner will decide who he/she wishes to leave the property to, and write that down in a will. Whoever that person is, they will have an "inheritance". In the event that no will is drawn up, the owner's property will be divided by the State amongst the spouse and children of the owner.


Is inherited property community property?

No. But the inheritance should always be kept separate and not co-mingled with marital property.


Can you receive a partial inheritance before death of parent?

No. You have no rights in a parent's property while they are living. An inheritance comes from the property a decedent owns at the time of death. Death makes that property 'inheritable'. There is no such thing as an inheritance from a living person.


What is matrilineal system of inheritance?

Matrilineal system of inheritance is a social system where descent and inheritance are traced through the mother's lineage. In this system, children typically belong to the mother's family and inherit property and titles from the maternal line. It is practiced in some cultures around the world.


Your ex husband died intestate leaving your two children as heirs. His father is the custodian of the children's inheritance. When does he have to give them their money and property?

You should consult an attorney who can review the estate and explain the rights your children have in their father's estate. The children will be entitled to take control over their own property when they reach eighteen years of age. Until then, you should determine how the inheritance is being safeguarded and protected from waste. You can visit the probate court and request the file. You can look through to see if you can determine how the money and property is being held until the children are eighteen.