When you create an estate plan, you people to respect that plan after you pass away. However, residents of Louisiana must navigate unique legal terrain when crafting their estate plans. One such distinctive feature is Louisiana’s forced heirship law, which can render an estate plan invalid in some situations. What should you know about this law and how it might impact your plan?
What is forced heirship under Louisiana law?
Many states offer you significant freedom to choose who gets your estate. However, Louisiana law requires a portion of your estate to go to certain family members, no matter what your will says. This means you cannot completely leave out qualifying children from your will.
According to Louisiana law, forced heirs are usually children under 24 or any children with permanent disabilities. These heirs must get a portion of the estate, which depends on how the number of people who fall into this category. For example, if there is one forced heir, they get at least 25 percent of the estate. If there are two or more, the amount they receive must total at least 50 percent of the estate.
Are there exceptions?
While forced heirship does restrict parents’ ability to disinherit their child, the law does allow parents to remove their child from an estate plan with just cause. These reasons include:
- If the child has physically harmed or attempted to harm the parent
- If the child has accused the parent of a serious crime without reason
- If the child used violence or threats to prevent the parent from making a will
- If the child married as a minor without parental consent
- If the child was convicted of a crime with severe penalties
- If the child failed to communicate with the parent for two years without a valid reason
These issues must have taken place before the parent created their estate plan.
What mistakes do people often make when creating their estate plan?
One of the most frequent forced heirship mistakes people make when planning their estates in Louisiana is failing to account for the law. This can happen when using out-of-state planning documents that does not comply with Louisiana’s specific requirements.
For example, if a person might draft a will in another state, believing they can disinherit their children. If their estate goes through probate in Louisiana, the court may find their will invalid due to non-compliance with forced heirship laws. In this situation, Louisiana law rather than the decedent’s wishes could define what happens to their possessions.
Another mistake is not knowing who qualifies as a forced heir. Some think disabled adult children do not count, while others may believe that they can automatically disinherit their children at age 18. This can lead to mistakes in the plan.
Also, many do not know exactly how much of the estate these heirs should get, leading to incorrect calculations. For example, with an estate worth $1 million and two forced heirs, these heirs would collectively receive $500,000, regardless of the terms outlined in the will.
How can people avoid these pitfalls when creating an estate plan?
To avoid these pitfalls, it is essential for Louisiana residents to work with legal professionals familiar with the state’s unique estate laws. By understanding and adhering to Louisiana’s forced heirship law, you can ensure your estate plan remains valid and your assets are distributed according to both your wishes and legal obligations.
Regularly reviewing and updating your estate plan ensures compliance with forced heirship requirements and reflects any changes in family circumstances. Making regular updates can help you address the emergence of new forced heirs or make changes when the law no longer requires you to name your child as an heir.
You can create a plan that reflects your wishes and Louisiana law
Estate planning is not a one-size-fits-all endeavor, particularly in Louisiana. Being aware of local laws and seeking professional guidance are critical steps in safeguarding your legacy.