Legal Question in Wills and Trusts in Louisiana

New Forced Heirship Law as it relates to Opening Succession

My mother died in 1998 leaving a spouse and three children. Two of the children were under 23 and the other over 23. When opening succession in 1999, the attorney listed all three children as heirs of mother's estate and the Judgment reflects the spouse (50%) as well as the three children (1/3 of remaining 50%)as owners of the property. Was the child over 23 supposed to be included as owner? Does the Forced Heirship rule apply here and perhaps only the two children under 23 should have been included in the succession petition? Should the Judgment have only reflected the two children under 23 as property owners? Where does the third child over the age of 23 come into the inheritence picture here? By the way, the spouse has remarried and therefore his ''usufruct'' over the children's one-half has ended.


Asked on 5/23/02, 1:14 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: New Forced Heirship Law as it relates to Opening Succession

If the deceased had no will, then forced heirship (a Louisiana only concept) is not the real issue. The real issue is intestate (without a testament/will) succession. If there is no will then the children all inherit the estate equally regardless of their ages.

If there is a will, the rule restricts disinheriting persons under 23 and the disabled. It does not take away rights of healthy persons over 23.

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Answered on 5/23/02, 3:20 pm


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