Legal Question in Wills and Trusts in Louisiana

In Louisiana, if I had a child of sound mind, over the age of 24, and after age 24, the child became mentally disabled from war ( Vietnam), is he considered a forced heir and if so what is the percentage of my estate I would have to leave him? I have another adult child who is of sound mind also.

Asked on 2/26/17, 9:40 am

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

The determination of who is and who isn't a forced heir is not made until the parent dies. The forced portion is one-half of the value of your estate.

What you should consider is setting up a Special Needs Trust for your son, to go into effect if at the time of your death is is disabled.. This type of trust is designed to provide supplemental help for a person with disabilities (mental, physical or both) without interfering with the right to receive government assistance such as SSI, SSDI and Medicare.

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Answered on 2/26/17, 10:33 am

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