Forced Heirship in Louisiana: What You Need to Know and How to Prepare
Prepare Your Will with an Experienced Attorney in Bossier City
The unique laws in Louisiana known as forced heirs and heirship are in place in order to prevent people from disinheriting their children. In certain circumstances, these laws limit a person’s ability to leave their property to someone other than their offspring. While it can be a relief to some people, knowing that their Last Will and Testament does not have to be in perfect order for their children to receive part of their estate, it may also come as a surprise to those looking to leave their estate to a spouse or other loved one.
Whether the knowledge of forced heirs comes as a relief or concern, it is crucial to find a Bossier City attorney who understands the laws and can ensure your will reflects your wishes while taking into account forced heirs.
What is a Forced Heir in Louisiana?
To qualify as a forced heir:
- The child must be under 24 years of age when the decedent passes
- Or the child must be permanently incapacitated, regardless of age
- Grandchildren who are under 24 years old or permanently incapacitated, whose parent (the decedent’s child) died before the decedent
What are the Rights of the Forced Heir?
The forced heir is entitled to a fixed portion of the estate, known as the “forced portion” or “legitime.” If there is only one forced heir who meets the criteria outlined above, they are entitled to 25 percent of the decedent’s estate. If there are more than one, half of the estate will be divided amongst them. The remaining portion of the estate is known as the “disposable portion” and may be divided based on the decedent’s will or, in the absence of a will, Louisiana’s intestate succession laws.
How Can You Restrict Forced Heir’s Inheritance?
Based on preference, there are three methods by which a forced heir’s inheritance may be legally restricted.
- Usufruct: The decedent can give his or her surviving spouse usufruct, which can include the forced portion of the estate.
- Legitime Trust: A trust may be set up to postpone or delay the inheritance, but it is required to meet certain requirements. This option may be crucial for people who receive governmental benefits for disabled children and do not wish them to be disqualified by a sudden, large inheritance.
- Survivorship Requirement: It may be a provision that the forced heir must survive for up to six months following the decedent’s death.
Selecting the Right Lawyer in Bossier City, Louisiana
David White is an experienced Bossier City attorney with years of experience with estate planning and Louisiana law. Whether you are looking to update an existing will or create one to be prepared for the future, he can help ensure your estate is protected and handled with care.
Consult with our attorney in Bossier City, Louisiana today to protect your family and children’s financial future. Give us a call at 318-747-7023.
