Legal Question in Wills and Trusts in Louisiana

Re: Cutting siblings out of inheritance

If the property is hers, she can give it to who she wants. If she has any children under age 24 or who are disabled, they are entitled to a portion of the estate when she dies under Louisiana's forced heirship law. If she dies without a will that provides otherwise, the other children may have a right of collation, which would require the value of the property donated to the favored children to be added back into the estate and divided equally among all the children.

Re: Cutting siblings out of inheritance

Dear LawGuru Friend,

The other lawyer told you right. As long as your mother is living, she can donate what she owns to whomever she pleases; however, once she is gone, her children have certain rights called (1) Reduction of Excessive Donations, having to do with her leaving a will and depriving one or more of the children of their "forced portion"; and (2) Collation, which is a remedy the Louisiana (Civil) law provides to cause all of the inter-vivos (between living persons) gifts made to children during the life of the parent (donor) to be fictitiously recalled and divided equally among all of the children, so that the children are all treated equally. All of the pertinent law on these two subjects is found in the LOUISIANA CIVIL CODE (CODE NAPOLEON), which is a lengthy document, but which can be accessed by going to the Louisiana Legislature website and clicking on Louisiana Laws and then on the LOUISIANA CIVIL CODE and then searching that. It has been years since I have read these articles (shame on me!), but I belive if you would start looking around the articles of the LA CIVIL CODE in the 1,400 series, of the about 3,500 articles of the LOUISIANA CIVIL CODE, you would find the articles dealiing with "Collation" and "Reduction of Excessive Donations". I am not so sure about the 1,400 series; but if you will search the LA CIVIL CODE, you will find what you are looking for. Good luck to you and your siblings!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA