Louisiana forced heirship law reserves a portion of an estate for certain children and other qualifying descendants, even when a will provides otherwise. A Metairie forced heirship lawyer can help determine who qualifies, calculate the protected share, resolve inheritance disputes, and create an estate plan that complies with Louisiana law.
At Buhrer Law Firm, we represent forced heirs, assist families with forced heirship issues during succession, and create estate plans that account for these rules. With more than 35 years of experience, we serve clients throughout Metairie, New Orleans, and surrounding communities, helping them understand their options and protect their interests.
Why Choose Buhrer Law Firm for a Forced Heirship Matter?
Forced heirship is unique to Louisiana, and determining how the law applies can become complicated when an estate includes multiple descendants, lifetime gifts, trusts, or significant assets.
Clients choose Buhrer Law Firm because we offer:
- Experience handling forced heirship issues in both estate planning and succession proceedings
- Attorney R. Scott Buhrer’s J.D. and MBA background, which is valuable when estates involve businesses, investments, real estate, or other substantial assets
- An AV Preeminent rating from Martindale-Hubbell
- Experience serving as a court-appointed Special Master in complex legal proceedings
- Personal attention and practical explanations of how Louisiana law applies to your circumstances
- A Metairie office convenient to clients throughout Jefferson Parish and the New Orleans area
What Is Forced Heirship in Louisiana?
Forced heirship is a Louisiana succession rule that reserves part of an estate for certain descendants. The protected share is called the legitime, or forced portion, while the remainder is the disposable portion and can generally be left to other beneficiaries.
Louisiana no longer treats every child as a forced heir. Whether forced heirship applies depends on factors such as the descendant’s age and, in some cases, whether the descendant has a qualifying incapacity.
Who Qualifies as a Forced Heir in Louisiana?
Under Louisiana Civil Code Article 1493, forced heirs generally include children who are:
- Under age 24 when the parent dies; or
- Any age and permanently incapable of caring for themselves or administering their estates because of mental incapacity or physical infirmity.
In certain circumstances, a predeceased child’s descendants may qualify through representation. This can occur when the predeceased child would have been under age 24 at the decedent’s death or when a qualifying grandchild meets Louisiana’s incapacity requirements.
Whether an adult descendant meets the incapacity standard can become disputed during succession and may require medical documentation or other evidence.
How Much of an Estate Does a Forced Heir Receive?
The forced portion is one-fourth of the estate when there is one forced heir and one-half when there are two or more. Calculating an individual heir’s legitime can involve additional rules, including those involving representation and certain lifetime donations.
What Happens If a Will Does Not Provide a Forced Heir’s Full Share?
Leaving a forced heir less than the required legitime does not necessarily invalidate the entire will. Instead, Louisiana law allows certain donations that exceed the disposable portion to be reduced to the extent necessary to satisfy the forced heir’s protected share. This can allow a forced heir to recover the inheritance required by law without setting aside the entire estate plan.
Disputes may involve an heir’s eligibility, estate valuation, lifetime gifts, or the amount of the legitime. Resolving them can require a detailed review of the estate and prior property transfers.
Can a Forced Heir Be Disinherited?
Yes, but only under limited circumstances. Louisiana allows a parent to disinherit a forced heir through a process known as disinherison, but there must be a reason recognized by law. Examples can include physically striking a parent or, without just cause, failing to communicate with a parent for two years after reaching the age of majority.
The reason for disinherison must be stated in the will. A forced heir can challenge the disinherison by disputing the stated reason or showing that there was a legally recognized justification for the conduct.
How Can a Metairie Forced Heirship Lawyer Help?
At Buhrer Law Firm, we can review wills and succession documents, determine whether a descendant qualifies as a forced heir, calculate the legitime, and evaluate lifetime donations that may affect the protected share. When disputes arise, we can pursue or defend claims involving forced heirship and work toward resolution through negotiation or litigation.
For clients planning ahead, we can structure wills, trusts, usufructs, and other estate planning arrangements to account for forced heirship while preserving the flexibility Louisiana law permits.
Discuss Forced Heirship With a Metairie Attorney
Forced heirship can affect both estate planning and inheritance rights. Buhrer Law Firm assists clients throughout Metairie, Jefferson Parish, and the New Orleans area with forced heirship, estate planning, and succession matters. Contact our Metairie office to schedule a consultation.
Frequently Asked Questions About Louisiana Forced Heirship
Can a forced heir’s legitime be placed in a trust?
Yes. Louisiana law allows a forced heir’s legitime to be placed in a properly structured trust. To satisfy the legitime through a trust interest, the forced heir must be both the income and principal beneficiary of that interest, and the trust must comply with Louisiana law.
Can a surviving spouse have usufruct over a forced heir’s inheritance?
Yes. Louisiana law allows a decedent to grant a surviving spouse usufruct over all or part of the estate, including a forced heir’s legitime. The forced heir may hold naked ownership while the surviving spouse has the right to use or benefit from the property during the usufruct.
How long do I have to bring a forced heirship claim?
Louisiana law generally provides five years to bring an action to reduce an excessive donation. Because the applicable deadline can depend on the type of claim and the circumstances, you should have a potential forced heirship claim reviewed as soon as possible.
Does Louisiana forced heirship apply to property in another state?
The answer can depend on the type and location of the property. Louisiana law generally governs Louisiana immovable property, while real estate located in another state is generally governed by the law of that state. Estates containing property in multiple states may therefore require additional planning or proceedings.