Wife’s suicide while separated

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    • #1960
      Bassmaster
      Participant

      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?

    • #2338
      EJC-LA
      Participant

      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.

    • #2339
      Lex
      Participant

      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.

    • #2340
      Bassmaster
      Participant

      Thanks. I pretty much thought that was the case. I go back to the days of legal separations where the issue got very muddied.

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