Forced heirship is one of the most complicated and confusing aspects of estate law in Louisiana. There are several different situations where an individual can be a forced heir: a child under the age of 24 at the time of your death, a minor who is incapable or incapacitated at the time of your death, an incapacitated grandchild with a parent who has passed away before you, or a grandchild under the age of 24 at the time of your death with a parent who has already passed away.
Not every individual who has a forced heir wants to keep it that way. Under Louisiana estate law, you can disinherit a forced heir in specific situations. In order to do this, you must put it in writing, identify the forced heir, and list the cause. There are eight specific situations where you can stop forced heirship for a child or grandchild.
If the child is guilty of attempting to kill you, cruel treatment towards you, raising a hand to you or actually striking you, accusing you of a crime which could be punishable by death or life in prison, using coercion or violence to stop you from making a will, getting married while a minor without your permission, hasn’t contacted you in two years or more without just cause, or has been convicted of a crime where the punishment is death or life in prison, you may move to disinherit this forced heir.
As you can see, there are specific requirements in Louisiana that must be met in order to disinherit a forced heir. If you are concerned about forced heirship regarding a child or grandchild, review these stipulations with a Louisiana estate planning attorney to determine whether you meet the grounds to disinherit this individual.
