Can I avoid forced heirship?
The forced heirship laws of Louisiana require an individual to leave a certain portion of his property to his children or other descendants who qualify as forced heirs. With limited exceptions explained below, a forced heir may not be deprived of that portion of the decedent’s estate. Under Louisiana law, there are twelve instances which constitute just cause for purposes of disinheriting a forced heir. If just cause is present and if the formalities required by law are followed, an individual can disinherit one or more of his forced heirs. Additionally, if an heir is guilty of certain egregious acts towards the decedent which are defined under Louisiana law, he can be deemed to be an unworthy heir by a court and lose his right to inherit. Additionally, if an heir is guilty of certain egregious acts towards the decedent which are defined under Louisiana law, he can be deemed an unworthy heir by a court and lose his right to inherit.
The forced heirship laws of Louisiana require an individual to leave a certain portion of his property to his children or other descendants who qualify as forced heirs. With limited exceptions explained below, a forced heir may not be deprived of that portion of the decedent’s estate. Under Louisiana law, there are several instances which constitute just cause for purposes of disinheriting a forced heir. If just cause is present and if the formalities required by law are followed, an individual can disinherit one or more of his forced heirs. Additionally, if an heir is guilty of certain egregious acts towards the decedent which are defined under Louisiana law, he can be deemed to be an unworthy heir by a court and lose his right to inherit. The proceeds or benefits of life insurance and qualified retirement plans payable to or for the benefit of a forced heir will be credited towards the satisfaction of his forced portion. Furthermore, his beneficial interest can be burdened by the usu
