Louisiana Forced Heirship Laws
Description
How to fill out Louisiana Affidavit Of Death, Domicile And Heirship Or Descent?
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FAQ
There is a specific order that the decedent's family will inherit. The family members inherit starting with brothers and sisters, then parents, then aunts and uncles, and then cousins. The first group of people that are present inherits all of the decedent's property.
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.
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.
Forced heirs are children of the decedent who have not reached their 24th birthday or who are mentally or physically disabled. Louisiana's Constitution requires that all children who are "twenty three years of age or younger" when their parent dies are forced heirs.
However, if the child does qualify as a forced heir, a parent may only disinherit them for a reason allowed explicitly in the Louisiana statute. These reasons include that the child: Raised a hand to strike the parent, or struck the parent (a verbal threat of violence, however, is insufficient)