Property Ownership

In Louisiana, when a married person dies leaving a surviving spouse and separate property, the separate property passes according to:

ACommunity property rules automatically
BThe deceased's will, or if none, Louisiana's intestate succession laws — separate property is distributed to heirs, not necessarily the surviving spouse✓ Correct
CLouisiana rules requiring 50% to the spouse always
DOnly to the children, never to the surviving spouse

Explanation

Separate property is not part of the community property regime — it passes according to the deceased's will, or if intestate, under Louisiana's succession laws which may divide it among forced heirs and the surviving spouse depending on the circumstances.

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