Hi list, Since Louisiana follows the Napoleonic Code (the only state in the country), I'm not sure about other states laws. We have always had community property. When a wife preceded a husband in death, she was the owner of half the property. Her half would have to go to probate. Without a will, her half belonged to her children. She could only will half of her half to her husband, regardless of whose name it was in. What about Illinois? If the wife died first would she have any property? Diane Hall