Louisiana is a unique state in many ways. It has enacted laws that few, if any, other states have embraced. For example, many of its laws governing estate planning and succession are truly unique.
Consider “forced heirship.” Louisiana is the only state in the country that recognizes this legal concept, which dates back many centuries.
What does forced heirship mean?
Under Louisiana law, a parent cannot disinherit any child under 24 or one of any age who cannot care for themselves. The latter is defined under the law as someone who, according to medical documents, is “permanently incapable of taking care of their persons or administering their estates…[due to] mental incapacity or physical infirmity.”
That means if a Louisiana parent dies with an estate plan in place (even a simple will) that does not include an inheritance for a child (defined as a “descendent in the first degree”) who meets the age or competency requirements of a forced heir, the law requires that the child receive a percentage of the deceased parent’s assets.
The portion of the law that discusses how much forced heirs are required to receive is rather complex. However, typically, it’s 25% of the estate if there’s one forced heir and 50% if there are two or more who meet the requirements. However, a forced heir can’t receive a greater percentage of the estate than they would have if the parent had died intestate (without leaving a will).
Exceptions to forced heirship requirements
As noted above, there are some exceptions to forced heirship rules. They often involve a history of violence by a child toward the deceased parent. For example, if a child killed their parent, they wouldn’t qualify to receive any assets under the forced heir laws.
Most parents don’t choose to completely disinherit their young adult children – even if they become estranged. However, it’s important to know and understand the law. There are ways to leave money and other assets to an adult child who may not be able to responsibly handle it by putting safeguards in place – for example, by placing assets in a trust that’s under the control of a capable adult appointed as the trustee. Having experienced estate planning guidance is key to following the law and to providing for heirs and other loved ones while simultaneously protecting their interests.