Legal Question in Wills and Trusts in Louisiana

adopted a child as a favor to to his parents who lost their parental rights. He is now an adult and lives with his biological parents. Do I need to leave him a certain amount or percentage in my will? I don’t want to disinherit him, but I do want to leave the minimum requirement under laws of adoption.

Asked on 4/09/18, 3:50 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

In 1997, Louisiana drastically changed its forced heirship laws. Now, only children who are under 24 or mentally or physically handicapped (no matter what their age) are still forced heirs. So, if this person is still under 24 or if he is handicapped, he is still your forced heir. If he is neither of those, he is no longer your forced heir and you can leave him whatever you want or nothing.

The amount you can leave a forced heir should be calculated and only after consultation with a lawyer to assess your estate. That being said, if this is your only child and he is a forced heir, he is entitled to at least 25% of your estate, so long as he remains a forced heir.

You should consult with an attorney to draft a will that complies with Louisiana law. DO NOT use a form off the Internet. Those forms you buy online or in Office Depot are all made for common law jurisdictions and they are NOT GOOD for Louisiana, which is a civil law jurisdiction.

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Answered on 4/11/18, 7:39 am

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