Louisiana is one of the few states with forced heirship laws, which limit your ability to completely disinherit certain children. If you’re creating an estate plan and have minor or disabled children, this is a critical rule to understand.
What Is Forced Heirship?
Forced heirship means certain heirs—called forced heirs—are legally entitled to a portion of your estate, even if your will says otherwise.
Who Is a Forced Heir?
- Any child under the age of 24
- Any child of any age who is permanently disabled (physically or mentally)
- Grandchildren in some cases, if their parent is deceased
How Much Are They Entitled To?
- One forced heir: 25% of your estate
- Two or more forced heirs: 50% of your estate (divided equally among them)
This portion is called the legitime, and you cannot freely give it to someone else unless you have legal grounds for disinheriting.
Can You Disinherit a Forced Heir?
Only under specific, legally recognized grounds such as:
- Physical abuse
- Criminal attempts against your life
- Failing to contact or communicate with you for over two years without cause
- Simply falling out of touch or disapproving of their lifestyle is not enough.
Planning Around Forced Heirship
We help clients work within the law to:
- Set aside the required legitime
- Use trusts to manage distributions
- Allocate the remainder of the estate with full flexibility
We’ll Help You Plan With Clarity and Compassion
Whether you want to ensure fairness or explore all legal options, we’ll guide you through Louisiana’s forced heirship rules with care.
Let’s talk about your goals—and how to honor them legally.