The Unique Law of Louisiana
Louisiana’s inheritance laws are unlike any other state in the country. Because our legal system is based on civil law traditions from France and Spain, we have rules about inheritance that don’t exist elsewhere. One of the most important—and sometimes confusing—rules in Louisiana estate planning is forced heirship.
If you live in Louisiana and are thinking about estate planning, or if you’re dealing with the estate of a loved one, understanding forced heirship is essential.
What Is Forced Heirship?
In Louisiana, parents cannot always disinherit their children. Certain children, known as forced heirs, are guaranteed a portion of their parent’s estate no matter what the will says. This protected portion is called the legitime.
Who Is Considered a Forced Heir?
Louisiana law defines forced heirs as:
- Children who are under the age of 24 at the time of the parent’s death.
- Children of any age who are permanently unable to care for themselves due to a physical or mental disability.
- Grandchildren, if their parent (the child of the deceased) died before the grandparent, and that parent was under the age of 24, or if the grandchild has a physical or mental disability.
How Much of the Estate Must Go to Forced Heirs?
- If there is one forced heir, they are entitled to one-fourth (¼) of the estate.
- If there are two or more forced heirs, together they are entitled to one-half (½) of the estate, divided equally.
The rest of the estate—the disposable portion—can be left to anyone else, such as a surviving spouse, other children, or even charitable organizations.
Can You Disinherit a Forced Heir?
In very limited situations, yes. Louisiana law allows disinherison for specific reasons, such as abuse, abandonment, or serious criminal acts against a parent. These reasons must be stated clearly and specifically in the will. The one reason most often used is failure to communicate with a parent for over two years. (See La CC Art 1621)
Why Forced Heirship Matters for Estate Planning
Forced heirship often comes as a surprise to Louisiana families. Many people assume they can leave their assets however they wish, only to discover that the law places restrictions.
This is why it’s so important to work with a Louisiana succession attorney who understands the rules and can design an estate plan that protects your wishes while complying with the law. Tools such as trusts, usufruct arrangements for surviving spouses, and careful drafting of wills can help minimize disputes.
Speak with a Louisiana Succession and Estate Planning Attorney
If you are creating a will, planning your estate, or handling a succession in Louisiana, you need to account for forced heirship. At our firm, we help families understand their rights and obligations under our state’s unique inheritance laws.
📞 Contact us today to schedule a consultation with an experienced Louisiana estate planning lawyer. We will guide you through forced heirship, succession, and every step of protecting your family and your legacy.
Chip LoCoco
A New Orleans Estate Planning Attorney