Forced heirship adds a layer of complexity to estate planning, especially when it comes to ensuring the future well-being of a child with special needs. It’s a unique concept that sets Louisiana apart – the only state in the U.S. with this legal framework.
Who is a forced heir in Louisiana?
- A child of the decedent who is under the age of 24 at the time of the decedent’s passing.
- A child of the decedent, regardless of age, who is permanently incapacitated.
Additionally, grandchildren of the decedent can be considered forced heirs under specific conditions. If their parent (the decedent’s child) passed away before the decedent and, at the time of the decedent’s death, would have been under the age of 24 or permanently incapacitated, they fall within the forced heir category.
What are the forced heirship rules in Louisiana?
- For One Forced Heir: If the decedent has only one forced heir, that heir is entitled to 25 percent of the estate, while the rest goes to the disposable portion.
- For Multiple Forced Heirs: If there are multiple forced heirs, they collectively receive half of the estate, with the other half allocated to the disposable portion.
Under forced heirship law, a parent may legally disinherit their child in only specific circumstances. In such instances, the parent must create a will explicitly disinheriting the forced heir and stating the reason for disinheritance.
- The child has physically assaulted or threatened with physical harm or cruelty.
- The child has committed a crime against the parent.
- The child has caused a grievous injury to the parent.
- The child has attempted to murder the parent.
- The child falsely accused the parent of a serious crime.
- The child used violence or coercion to prevent the creation of a Louisiana Last Will and Testament.
- The child, as a minor, married without parental consent.
- The child, as a minor, was convicted of a serious crime.
- The child, upon turning 18, failed to maintain contact or communication for two years without valid reasons and was not on active duty with the US military.
Effective estate planning can provide protection for forced heirs, particularly those with physical or mental disabilities receiving SSDI payments. These individuals face asset limitations to maintain essential services like SSI, Medicare, or Medicaid. In such cases, it’s highly advisable to explore the option of a special needs trust to safeguard their portion of the estate.
Contact Our Estate Planning Office
That’s where we come in. At Morrison Law Group PLC, we specialize in navigating these Louisiana-specific laws. Our goal is to guide you through the intricacies of forced heirship, making sure your estate plan aligns perfectly with the unique needs of your special needs child.
Let’s work together to secure a future that gives you peace of mind. Reach out to us at (504) 831-2348 for expert guidance tailored to your family’s needs.
