How Does “Forced Heirship” Work in Louisiana?
In most states, individuals are free to dispose of their property as they wish through their will. Louisiana is an exception. Because Louisiana derived much of its civil law from France and Spain, rather than England, our state continues to follow a concept known as “forced heirship,” which imposes certain restrictions on a person’s ability to disinherit their children. So if you do have children, before you make an estate plan it is important to consult with a qualified attorney who can help you understand and navigate the rules when it comes to forced heirship.
Who Is Considered a “Forced Heir”?
Under current Louisiana Civil Code, any of the following people are considered a forced heir:
- a biological or legally adopted child who was under the age of 24 at the time of the parent’s death;
- a child of the deceased, regardless of age, who is permanently incapable of taking care of themselves or their property due to a physical or mental disability; or
- a grandchild of the deceased, if that grandchild’s parent is predeceased but would have qualified as a forced heir under either of the conditions described above.
How Much Are Forced Heirs Entitled To Receive?
Forced heirship does not apply to a person’s entire estate. Instead, it only reserves a specified portion of the estate. The current rule is that if there is one forced heir, they are entitled to 25 of the estate’s assets. If there is more than one forced heir, they are collectively entitled to 50 percent of the estate’s assets, which is then divided equally.
Here is a simple hypothetical example. Joanne dies leaving an estate worth $100,000 and two children under the age of 23, Frances and Doug. Under Louisiana’s forced heirship law, 50 percent of Joanne’s total estate is reserved for the forced heirs. Frances and Doug would then each receive half of that 50 percent, or $25,000 each. Joanne’s will would then dispose of the remaining 50 percent.
Is There Any Way to Disinherit a Forced Heir?
It is possible to disinherit a child who would otherwise be a forced heir for a “just cause” specified in the Louisiana Civil Code, which includes:
- a child has attempted to kill the parent;
- a child has struck a parent, or raised a hand to strike a parent;
- a child has been guilty of cruel treatment, crime, or grievous injury against the parents;
- while still a minor, the child married without the parent’s consent;
- the child is convicted of a crime punishable by death or life in prison; or
- after reaching adulthood, the child knowingly fails to contact the parent, without just cause, for at least two years.
It is important to note that if a person has just cause to disinherit a forced heir, they must explain their reasons in their will and make any disinheritance explicit.
Contact a Baton Rouge Estate Planning Attorney Today
Louisiana’s unique rules regarding estate planning mean it is imperative that you speak with qualified counsel before making any decisions regarding a will or similar documents. If you would like to schedule a consultation with our Baton Rouge estate planning attorney, call Magnolia Law today at 225-263-6713.
