Legal Question in Wills and Trusts in Louisiana

Re: wills

Dear LawGuru Friend,

Yes, unless he or she is a forced heir; and even if the adopted child is a foreced heir, he can still be disinherited (done by last will and testament). Of course, grounds for disinherison must exist. If the gounds for disinherison do not exist, no matter whether the testator would state his or her intentions to disinherit in the will, the forced heir would not be disinherited. Here's the article out of the Louisiana Civil Code that provides for the drastic remedy of disinheriting an adopted child who is a forced heir. As I am wont to say, there is more to it all than this, but this is something to think about. Good luck to you and yours!

Sincerely,

Hardy Parkerson, Atty.

LA Bar No. 10327

Lake Charles, LA 70601

Re: wills

Dear LawGuru Friend,

Yes, unless he or she is a forced heir; and even if the adopted child is a foreced heir, he can still be disinherited (done by last will and testament). Of course, grounds for disinherison must exist. If the gounds for disinherison do not exist, no matter whether the testator would state his or her intentions to disinherit in the will, the forced heir would not be disinherited. Here's the article out of the Louisiana Civil Code that provides for the drastic remedy of disinheriting an adopted child who is a forced heir.

Art. 1617. Disinherison of forced heirs

A forced heir shall be deprived of his legitime if he is disinherited by the testator, for just cause, in the manner prescribed in the following Articles.

Acts 2001, No. 573, �1, eff. June 22, 2001.

As I am wont to say, there is more to it all than this, but this is something to think about. Good luck to you and yours!

Sincerely,

Hardy Parkerson, Atty.

LA Bar No. 10327

Lake Charles, LA 70601