Louisiana is the only state in the Union that has forced heirship. This means that the following persons generally cannot be disinherited:
- Children who, at the time of the death of their parent, are twenty-three years of age or younger; and
- Children who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates at the time of the death of their parent.
The second group includes children who, at the time of death of their parent, have, according to medical documentation, an inherited, incurable disease or condition that may render them incapable of caring for their persons or administering their estates in the future.
If a child predeceases his parent, that child’s children may, in certain cases, become forced heirs of their grandfather and grandmother through representation.
Contact me today to perform comprehensive estate planning for you and your family that addresses forced heirship issues.