Legal Question in Wills and Trusts in Louisiana
Heirship
We are planning to move to Louisiana within the next several months and would like to know about forced heirship. Is this still in effect or has it changed. My husband has grown children from another marriage. I have no children. We want to make sure that I am protected should he die before me. thank you
1 Answer from Attorneys
Re: Heirship
While "forced heirship" in its original, "purest" form no longer fully exists in Louisiana, children under the age of 24 or those of any age who are legally incapable of caring for themselves are still considered forced heirs here.
Even if your husband's children are over 23 years old, to prevent any possible misunderstandings or arguments over "what Dad would have wanted" in the event of your spouse's passing away before you, I would strongly suggest that you both consider having wills drawn up stating your individual intentions for your respective estates/property. This could help avoid issues of forced heirship, undue influence, mental incapacity, etc.
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