Page 45

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued June 9, 2026

Page 45 of I-1630 Replacing September 23, 2024

Revised/added text indicated by underscore

Deleted text indicated by “**”

Note: The entire property is inherited by the decedent's child(ren), if there are any, in equal proportions. An only child is entitled to the entire estate of the decedent (both the decedent's community half and all the decedent's separate property). If there are two or more children, each is entitled to an equal share of the decedent's entire estate (both the decedent's community half and all the decedent's separate property).

A descendant may accept or reject an inheritance:

- If s/he accepts, s/he is deemed to have accepted from the moment of the decedent's death,

- If s/he rejects, refer to I-1670 Transfer of Resources for Less than Fair Market Value.

• No Descendants

- Decedent's one-half share of community property - If the decedent leaves no descendants, the surviving spouse succeeds to the decedent's share of community property.

- Decedent's separate property - If the decedent is survived by parent(s) and sibling(s) or descendants of deceased siblings, then the siblings (or their descendants) succeed to the remainder interest (naked ownership) of the separate property subject to a usufruct (life estate) in favor of the surviving parent(s). If the decedent is not survived by parent(s) and sibling(s), relatives are first heirs to separate property in the following order:

- Spouse,

- Aunts and/or uncles,

- Cousins.

If the decedent leaves no blood relatives, the state inherits the separate property.