Legal Question in Wills and Trusts in Louisiana
In 2009 a Mother had died in a Hospital,her son was the birthright heir. The mothers "WILL" was changed by the Aunt / Mothers sister ten days before the death. The son was removed from all death benefits. The daughter of a dead sister became the sole heir. The only birthright memeber alive is the son of the mom who was and is still under medical care for mental disabilities. This niece named herself executor and told the birthright son he is not going to receive any money or property from the estate. The neice has the home, has the rights to all land development and gas well royalties in the state of Louisiana. Does Louisiana Law or did in 2009 Louisiana Law ever have a provision the a disabled mental heir cannot be removed from a will ? As a Social Worker for this man I am asking for the legal advice or case history to explain what the law said or does say.
1 Answer from Attorneys
If the son is disabled, he may well qualify as a forced heir to his mother's estate.
The disability is a fact question. It must be proved through medical and other evidence.
The law has not changed since 2009.
A caution, though. If the son is receiving benefits because of his disability, he may lose these benefits if he receives an unheritance from his mother.
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