Legal Question in Wills and Trusts in Louisiana
Forced Heirship
What is considered ''Forced Heirship'' in the state of Louisiana? I've heard recently, that if you have an adult child that becomes disabled, after the age of 24, 50, or even 75, they would become forced heirship. Is that true?
After marriage, if a spouse changes a checking account to be only on his name, is that considered community property? It's not with both husband and/or wife, just husband. After death, what would that be considered in a will?
Have any laws, about inheritance, changed in the last 5 or 10 years? How often should a person review and revitalize their will?
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1 Answer from Attorneys
Re: Forced Heirship
A forced heir is a child who has not attained the age of 24, or a child of any age who is disabled. The definition of disabled is a little vague, but it has to be just about a total disaility. Grandchildren can be forced heirs under some circumstances.
The name on a bank account doesn't matter: it is how the account came to be. Anything earned during marriage is presumed to be community property. If the account containes funds earned during marriage, then a will cannot change the nature of the property. If it is community, then, for example, the husband's will only disposes of his half of that account.
No major changes in inheritance laws over the past several years, except the redefination of who is or may be a forced heir.
I advise clients to review their wills every five years or so, but most of them don't.
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