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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118123
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I wish to give my son a 1995 van as a gift. I am a widower

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I wish to give my son a 1995 van as a gift. I am a widower of fourteen months. Have not been thru succession. La. law?, thanks, George
If the van is in your deceased spouse's name, then you have to go through succession in order to be able to lawfully transfer the title. If the van is in your name, then you can make the gift by writing and turning over possession to your son. You cannot just gift property from your deceased spouse's estate without completing the succession which lawfully transfers all deeds and tiles over to the heirs.

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Customer: replied 7 years ago.
what if van in both husband and wifename? Thanks, George
It is a community asset and this means that as the surviving spouse you get 1/2 ownership in your own right and you have only "usufruct" or use of the deceased's share of the community property, but the ownership right goes to the descendants in equal parts. If you only have one son, then he has naked ownership of 1/2 and you have ownership of one half, but this still has to go through succession and really the more people delay completing succession of an estate (even though they do not think it is necessary) the more it costs in the long run and the more it can complicate matters in the event you die before your spouse's succession is completed.
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