I have a client whose wife killed herself a few weeks ago.They had been physically separated for a short time before her death. No legal action had been started on a divorce.I doubt if she had a will. How will this impact the community and the husband?
I'm going to quote from the Notary Study Guide and you can make of it what you will:Article 880 of the Civil Code provides that the spouse must not be judicially separated from the decedent when he dies. Louisiana abolished the cause of action for separation in traditional marriages, with the practical effect that only divorce removes the spouse in a tradition marriage from the line of succession.
I guess the important question at this point is whether there are any children.Absent children and without a will, I would say the estate of the deceased wife goes to the husband. The physical separation would be irrelevant, as EJC-LA is saying.