Louisiana Forced Heirship Law

Louisiana Probate Law:

Forced Heirship

At this point in time, a forced heir is any child of the deceased who is under the age of 24 years. Once a child reaches age 24, he or she is no longer a forced heir. A forced heir can also be a child, regardless of age, who is permanently disabled. So, you could have a child who is a forced heir until age 24, no longer is a forced heir, and then has a stroke at age 40 which makes him a forced heir once again.

TIP: Any estate planning you do should assume that you do have one or more forced heirs –even if you currently have none. Good estate planning can leave a spouse in much better shape than if the forced heirship issue is just ignored.

In 2003, the Louisiana Legislature added this Gem to the Civil Code: forced heirs “…shall include descendants who, at the time of death of the decedent, 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.”

WARNING: a forced heir is now any child who may become disabled in the future. This nightmare to estate planners was foisted on the people of Louisiana by a non-thinking Legislature and has already resulted in three suits in which children with Bipolar Disorder were found to be forced heirs –even though they were not disabled when their parent died (and may never be disabled).

For a discussion on how mental illness is treated under Louisiana’s forced heirship laws, including bipolar disorder, read The Tale of Two Sisters.

Comments

  1. Newlawyer says:

    Why do say that you should assume their are forced heirs? How does that make the spouse better off?

    • Because there is always a good chance you may have one or more forced heirs at some point under our screwy laws. A good will will take this into account and give the spouse a super usufruct to protect the spouse from having to liquidate property to pay off the forced heir.

  2. brandyrupert says:

    I did not know this. I have been a notary for ten years and thought I was doing a good job of keeping myself up to date on laws of this nature. This is an excellent example of why notary cle should be mandatory. I am so glad I found this site!

  3. katherine neck parsley says:

    YES IM AM 46 BUT @ THE TIME OF MY MOTHER’S DEATH I WAS 38 YRS OLD BUT @ THE TIME HER WILL WAS WROTE I WAS 16YRS OLD HER WILL WAS WROTE AND RECORED@ CLERK OF COURT IN AVOYELLES PARISH LOUISIANA AND IN FEB25TH OF 2009 I HAD A STOKE AND A BRAIN ABCESS FROM A EARACHE IN MY RIGHT EAR I WENT TO LOCAL HOSPITAL ER @ BUNKIE GENERAL ON MONDAY MORNING 4 MY EARACHE AND THEY DID NOTHING TO HELP ME THEY JUDGE ME SAY FIRST WIN I FINALLY GOT IN A ER ROOM THE FIRST THING THE ER DOCTOR TOLD ME WAS TO SHUT THE F UP 2 QUIT CRYING A EARACHE DOESNT HURT THAT BAD AND THEN HE TOLD ME ALL I WANTED WAS SOME PAIN PILLS AND I HAD A EMT LICIENCES @ ONE TIME BUT ANYWAY I TOLD THE ER DOCTOR IF THAT I NEED ANTIBOTICS IN A IV BECAUSE MY EYES WAS ABOUT TO BUST OUT THEIR SOCKETS THATS HOW BAD MY EAR HURTED SO HE GAVE ME SOME MEDICATION NOTHING FOR PAIN ARE ANY EARS DROPS SO THE NEXT DAY TUESDAY MORNING I WENT SAW A NURSE PRACTIONER AND BROUGHT THE PAPER WORK FROM BUNKIE GENERAL HOSPITAL HE TREATED ME AND GAVE ME ANTIBOTICA EARDROPS AND PAIN MEDICINCE HE SAID MY RIGHT EARDRUM WAS RUPUTERD SO I TOOK ALL THE MEDICATIONS HE GAVE ME AND SATURDAY MY EAR WAS STILL HURTING ME SEVERYLY SO THE LADY I WAS LIVING STAYING WITH TOOK ME BACK TO BUNKIE GENERAL HOSPITAL AND AGAIN I BEGGED THAT ER DOCTOR TO PLEASE KEEP IN THE HOSPITAL I NEEDED ANTIBOTICS IN A IV AND MY EYES WAS STILL ABOUT TO BUST OUT THIER SOCKETS TO PLEASE HELP ME AND HE TOLD ME I WASNT SICK ENOUGH TO TAKE UP ONE OF THEIR HOSPITAL BEDS AND GAVE ME SOME RXS AND THE LADY TOOK AND FILLED THEM ALSO SHE HAD ALSO PAYED TO FILL THE RXS FROM THE NURSE PRACTIONER I HAD SAY THAT TUESDAY AND THAT TUEDAY MORNING AFTER GOING TO BUNKIE GENERAL HOSPITAL 4 THE SECOND TIME I HAD A STROKE MY LEFT SIDE WAS PARALYZED SO THE LADY I STAYED WITH HER DAUGHTER CALLED HER MOTHER @ WORK AND TOLD HER TO HURRY UP AND GET HOME BECUSE SOMETHING WAS REALLY SERIOUSLY WRONG WITH ME AND WIN SHE GOT HOME SHE SAW THAT MY LEFT ARM WASNT IN MY SELVE OF MY SHIRT AND MY FACE WAS TWISTED SO I WAS CALLING MY OLDEST SON TO COME AND TAKE ME TO ANOTHER HOSPITAL IN RAPIDS PARISH BUT THE LADY CALEDD 911 AND WIN THE ABULANCE GOT THERE THEY DID SOMETHING TO ME AND TOLD ME THAT I NEEDED TO BE AIR MED TO RAPIDS BECAUSE I WAS DYING SO I GOT OT RAPIDS AND WIN MY OLDEST SON GOT THERE TO SIGN THE CONSENT FORM SO THEY COULD DO EMERGENCY SURGERY ON ME THAT I HAD A 50-50 CHANCE 50% CHANCE I WAS GOING TO DIE ON THE TABLE AND THE OTHER 50% IF I WOULD SURVIVE THE OPERATION I WOULD BE IN A VEGATESTATE THE REST OF MY LIFE BUT THANKS TO GOD IM STILL HERE N IM NOT A VEGTABLE MY BRIAN SURGEON CALLS ME HIS MIRACALE PATIENCE BECAUSE IN ALL HIS YEARS BEING A BRIAN SURGEON HE NEVER SAW SOMETHING SO HURIFACATE AS WAT I WAS MY WHOLE BRIAN WAS LIQUID SOUP WELL THEY CUT PART OF MY RIGHT LOBE OF MY BRIAN OUT AND THE SAME YEAR MY DECEACSED MOTHER SPOUSE AND MY OLDER SISTER TOOK ALL MY MOTHER’S PERSONAL PROPERTY OUT HER HOUSE N HER SPOUSE HSE AND DIVED UP WAT THEY WANTED AND I DIDNT GET I THING OUT OF $180,992.99 OF PERSONAL BELONGINGS AND WAT THEY DIDNT WANT INSTEAD OF GIVING IT TO ME THEY SOLD IT FOR $80,000 DOLLARS AND AGAI I GOT NOT ONE RED CENT AND I AM NO DISABLE 4 LIFE AND I CANT GET MY ATTONEY WHO DID MY MOTHERS SUCCESION IN 2006 AND CHARGED ME 33 N A THRID % WHICH WAS $26,662.00 AND HER AND HER BOSS @ THE TIME IS ALSO THE DA OF AVOYELLES PARISH AND SHE THE ASSIANT DA AND I CANT GET ANYONE TO HELP ME GET WAT IS RIGHTFULLY MINE AND SINCE IM DISABLE 4 LIFE I SURE COULD USE MY SHARE OF THAT MONEY WHICH WOULD BE $90,0000 DOLLARS

  4. thekat9909 says:

    My deceased parents had set up a living trust which seems to be all final and finished, but my brother is a forced heir due to brain surgery and was mentally incapacitated when they both died, so how can he get anything of his share ? Can we have a living trust broken up to force him to be included?

    • The portion to which a forced heir is entitled can be tied up within a trust. The forced heir must receive the interest produced from his share on at least an annual basis.

      But so much depends on exactly what the trust provides.

      I guess the short answer to you question would be yes, if the trust has no provisions at all for the forced heir, then the courts could require a modification to account for the forced heir’s rights.

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