Legal Question in Real Estate Law in Louisiana

if I will my estate to my step grandchildren but not to my two children, can my children get the estate anyway even if I don't wish to let them have it.


Asked on 1/21/16, 11:35 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Louisiana did away with forced heirship back in 1997, so if your children have reached the age of 23 and are not physically or mentally handicapped, you can, as they say "cut them out of your will." However, if you leave the money to their children directly (your grandchildren), your children would still end up with control over the money until your grandchildren turn 18, because they are the children's legal guardians. While your children would then have to account for the money to their children when their children turn 18, that would be of little solace to your grandchildren if their parents spent all of the money. You may want to consider a trust, wherein you can name a third party (some trusted family member, friend, even a CPA or attorney) as trustee to watch over the kids' money until they become of age.

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Answered on 1/22/16, 10:26 am


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