La Forced Heirship
Description
How to fill out Louisiana Affidavit Of Death, Domicile And Heirship Or Descent?
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FAQ
A forced heir in Louisiana is defined as a child who is under the age of 24 or any child with physical or mental disabilities who lacks the ability to care for themselves. In certain circumstances, a grandchild may be considered a forced heir.
If the decedent leaves one forced heir, the forced portion must be at least one fourth of the decedent's property. If there are two or more forced heirs, the forced portion is one half of the decedent's property.
Louisiana's Constitution requires that all children who are "twenty three years of age or younger" when their parent dies are forced heirs.
Forced heirs are (1) children who are under twenty-four (24) years of age at the time of the decedent's death; or (2) children of any age who, because of a mental or physical condition, are permanently incapable of taking care of their person or administering their estate at the time of the decedent's death. La.
If the decedent has only one forced heir, that heir will be entitled to 25 percent of the estate. Everything else will pass to the disposable portion. If the decedent has more than one forced heir, the forced heirs will receive half of the estate and the disposable portion will receive the other half.