Family Law Questions? Ask a Family Lawyer Online.
State law does not favor your situation in Louisiana. Your state's law operates under the assumption that the surviving spouse should not inherit anything from the other spouse where there are surviving children.
The other concern is whether the home would be considered community property (hers AND yours) or her separate property. If the property is still in her name from before your marriage to her, then despite your investment of time and money in the improvements, it will likely be considered separate property and pass to her descendants with or without a will devising it to them. In fact, without a will, her nieces and nephews would have a higher priority than you to inherit her property.
If it is held to be community property, which is unlikely, and she dies without a will, you will receive what is called a usufruct which is similar to a life estate in the home and you can continue to live there and use the benefits of it, but when you pass away it will still go to her sons, not your son.
The only way to fix this problem is if she were to execute a deed from herself to you or both of you together, and/or list you in her will as the beneficiary of the home. Otherwise her sons will take the entire property.
Best of luck.
If I have answered your question, please click accept so that I can earn credit for my answer.
Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).