Detailed Answer
Under Louisiana law, wrongful death actions belong to the succession of the deceased for the benefit of certain survivors. La. Civ. Code art. 2315.1 establishes who may recover, and art. 2315.2 governs how to divide proceeds. To distribute proceeds, you must:
1. Identify Eligible Heirs
- Surviving spouse
- Children (including adopted)
- Parents if no spouse or children
- Siblings if no spouse, children, or parents
2. Determine Distribution Shares
La. Civ. Code art. 2315.2 specifies share allocations under common scenarios. For details, see La. Civ. Code art. 2315.2.
- Spouse and Children:
- Spouse receives full ownership of ¼ of damages.
- Spouse holds usufruct (lifetime right) over remaining ¾.
- Children hold bare ownership of usufruct share (¾) and full ownership of the remaining ¼, divided equally per stirpes.
- Spouse Alone (no descendants):
- Spouse receives full ownership of ½ and usufruct of the other ½.
- Children Alone (no spouse):
- Children receive full ownership of 100%, divided equally per stirpes.
- Parents Alone (no spouse or descendants):
- Parents split 100% equally.
- Siblings Alone:
- Siblings split 100% equally.
3. Follow Court and Succession Procedures
- File a wrongful death suit or present a settlement to the court.
- Open the decedent’s succession in the parish court.
- Submit an inventory and proposed distribution plan to the court.
- Obtain a judgment approving the distribution under arts. 2315.1–2315.4.
- Disburse funds to heirs as ordered.
Disclaimer: This article provides general information under Louisiana law. It does not constitute legal advice. Consult a Louisiana-licensed attorney to address your specific situation.
Helpful Hints
- Review La. Civ. Code arts. 2315.1–2315.4 for full statutory language.
- Gather birth certificates, marriage certificates, and adoption records to prove heirship.
- Work with a notary or attorney to open the succession file correctly.
- Keep heirs informed to avoid future disputes.
- Consider mediation if heirs disagree on distribution.