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How do I keep stocks, bonds, and land that I recently inherited from becoming community property in Louisiana?

Alexandria, LA |

I recently inherited stocks, bonds, and mutual funds from a parent in another state and would like to keep that from becoming community property in Louisiana. The finance manager transferred the inherited funds to my account, which I had already established in my name TOD to my sons, not to my husband. If funds are combined with monies earned during our marriage, do all monies become community property? Also, I inherited a small tract of land in Louisiana. Is that community property with my spouse?

Attorney Answers 2


Please consult a Louisiana estate planning attorney. In the meantime, do not co mingle the accounts or use funds to pay "joint" expenses. Discuss a post nuptial agreement with the attorney you consult whereby your husband waives his right to your inheritance.

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You need to keep the funds, stocks, bonds and mutual funds segregated completely from any community funds. If they are combined with community funds you would have to trace the source and show that they were separate. The presumption if they are combined with community funds is that they are community. If you inherited land then that is separate property completely. Some exceptions apply such as if there was a partition of the property and you paid another party in the partition.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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