Page 44

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued June 9, 2026

Page 44 of I-1630 Replacing September 23, 2024

Revised/added text indicated by underscore

Deleted text indicated by “**” property, and

• Has usufruct of the deceased spouse's half of the community property, unless the decedent's will provides otherwise.

The right to usufruct of community property terminates if the surviving spouse remarries, unless the decedent's will provides otherwise.

Note: The one-half ownership interest is an undivided interest. The value may be less than one-half the value of the complete piece of property. Dividing the total value by the percentage of ownership may overstate what the person could sell their undivided interest for on the open market. The market value is what the market will pay. The value of the undivided interest shall be obtained from a knowledgeable source.

No Will

If the decedent dies without a will (intestate), the laws of intestate succession determine who receives the decedent's property and how much of it they receive.

Inheritance of the decedent's separate property and of their one-half share of community property occurs as follows:

• Descendants

The first heirs of property are the descendants (children) of the decedent and the descendants of any child who is also deceased. Current Louisiana law of forced heirship does not distinguish between:

- Legitimate and illegitimate children;

- Children of the present marriage and children of a prior marriage; or

- Natural children and adopted children.

Each of these children are entitled to a share of their parent's estates. An adopted child is entitled to a share of their natural parents' estates and to a share of their adoptive parents' estates.