In Louisiana, forced heirship laws are designed to protect certain heirs from being disinherited by their parents. These laws can be complex and confusing, but they are an important aspect of estate planning that everyone should be aware of. In this blog post, we will discuss some important things that people should know about Louisiana’s forced heirship laws.
- Who qualifies as a forced heir?
In Louisiana, a forced heir is a child who is under the age of 24, or a child of any age who is permanently disabled. These children are protected by forced heirship laws and are entitled to a portion of their parent’s estate.
- What is the percentage of the estate that a forced heir is entitled to?
The percentage of the estate that a forced heir is entitled to depend on the number of children that the deceased has. If the deceased has one child who is a forced heir, that child is entitled to 25% of the estate. If the deceased has two or more children who are forced heirs, they are entitled to a total of 50% of the estate, divided equally among them.
- Can forced heirs be disinherited?
Forced heirs cannot be completely disinherited under Louisiana law. However, there are certain circumstances in which a parent can reduce the amount of the forced heir’s share. For example, if the forced heir has abandoned the parent or engaged in behavior that justifies disinheriting them, the parent may be able to reduce the forced heir’s share.
- Can a parent leave more than the required share to a forced heir?
Yes, a parent can leave more than the required share to a forced heir. In fact, many parents choose to leave their entire estate to their children, including the forced heirs. However, if a parent wants to leave less than the required share to a forced heir, they must have a valid reason and follow the proper legal procedures.
- What happens if a parent does not comply with forced heirship laws?
If a parent does not comply with forced heirship laws, the forced heirs may have a right to claim their share of the estate. If a forced heir is not provided with their share, they may have the right to challenge the will in court.
In conclusion, forced heirship laws are an important aspect of estate planning in Louisiana that everyone should be aware of. If you have questions about Louisiana forced heirship laws or need help with estate planning, it’s best to consult with an experienced estate planning attorney. Morrison Law Group in Metairie, LA is here to help. Contact us today to schedule a consultation. (504) 831-2348