The answer depends on whether your loved one had children.
Louisiana, like other states, has specific laws about what happens to property when someone dies without a will. These laws are known as intestacy laws. In Louisiana, intestacy laws generally work as follows:
- Community property. Community property, or property that was acquired during marriage and owned jointly by spouses, usually goes to the surviving spouse if the couple had no children. If there are children, the children typically become co-owners of the property with the surviving spouse.
- Separate property. Typically, separate property goes to family members in the following order: children or grandchildren, parents and siblings, spouse, ascendants other than parents, and then more distant relatives.
However, there are exceptions to these general rules.
Special Rules for Real Estate Gifts From Parents and Grandparents
If a person receives real estate as a gift from a parent, grandparent, or another ancestor, the usual rules of intestacy do not apply to the real estate. The usual intestacy rules will apply to other property, but the gifted real estate will go back to the ancestor who made the gift — or to that ancestor’s other descendants — if the person who dies does not have children. This doctrine is sometimes called the retour or reversion of donated property.
The purpose of this rule is to keep family land within the family line of the ancestor who originally gave it. Without this rule, real estate that a grandparent gave to one grandchild could end up passing to an entirely different branch of the family when that grandchild dies without children.
What Counts as a “Gift” for This Purpose?
For the special reversion rule to apply, the real estate must have been received as an inter vivos donation — a gift made during the ancestor’s lifetime. Property received through inheritance, purchase, or exchange does not trigger the reversion rule in the same way.
When Multiple Gifts Are Involved
If the deceased received gifted real estate from different ancestors — for example, a lot from a grandfather on one side and a camp from a grandmother on the other — each piece of property is analyzed separately to determine which family line it returns to.
Intestate Succession Can Be Complicated
Intestate succession involving gifted real estate requires careful analysis of the estate’s full asset profile, the family tree, and the origin of each asset. Our Louisiana succession lawyers are here to help you navigate this process and ensure that everything is settled correctly and distributed according to Louisiana law. Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to get started.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.
When to Consult an Attorney About Gifted Real Estate
If a loved one has died without a will and the estate includes real estate that was received as a gift from an ancestor, getting legal guidance early is important. Determining whether the reversion rule applies requires verifying the original transaction was a donation, identifying which family line the property returns to, and confirming that no children of the deceased exist who would change the analysis. Scott Law Group handles these complex succession questions throughout Louisiana. Call (504) 264-1057 to schedule a consultation.