Legacy with Limits: Planning Around Forced Heirship in Louisiana

Louisiana’s estate laws are unlike any other in the country. One of the most distinctive features is forced heirship—a concept that can come as a surprise to many families navigating succession. At Anderson Traylor Edwards, we guide clients through this often misunderstood legal terrain with clarity, care, and practical support.

Let’s Learn What Forced Heirship Really Is

Under Louisiana law, certain heirs—typically children under the age of 24 or children of any age with a qualifying disability—are entitled to a reserved portion of a parent’s estate. This legal share, called the legitime, cannot be taken away unless very specific, legally-acceptable reasons are documented.

Do You Qualify as a Forced Heir?

You may be dealing with forced heirship if the deceased leaves behind:

• A biological or adopted child under age 24
• A child of any age with a permanent mental or physical disability that prevents self-care
• A grandchild, if their parent (a qualifying child) predeceased the estate holder

This framework is based on Louisiana’s civil law tradition, and its goal is to prevent vulnerable family members from being left without support.

Heirship: the Foundation for Estate Law in Louisiana

Louisiana residents cannot freely distribute 100% of their estate through a will if forced heirs exist. The law prioritizes protecting these individuals—even in cases where relationships may have been strained.

Failing to plan with forced heirship in mind can result in significant complications during succession. Wills can be challenged, assets can be reallocated by the court, and families may face emotional and financial strain at an already difficult time.

Is Heirship Disinheritance Real?

Yes—but only under limited and clearly defined circumstances. Louisiana law permits disinheriting a forced heir if the parent documents one or more legally valid reasons in their will. These reasons include:

• Serious criminal acts
• Physical abuse or attempted harm
• Failure to maintain contact without just cause for two years or more
• False accusations of crimes against the parent

Proper documentation is required to support this process. The disinheritance must be explicitly stated in the will, and supporting evidence should be available in case of a challenge, such as legal records or witness testimony.

Legal and Emotional Implications

Forced heirship and disinheritance can be deeply emotional legal matters. Families often find themselves dealing with grief and uncertainty, only to be met with confusing legal obligations or disagreements among heirs.

At Anderson Traylor Edwards, we believe in compassionate, proactive planning. Whether you’re a parent drafting a will, an executor managing an estate, or an heir unsure of your rights, we’re here to help you understand your options and protect your interests.

We Help You Plan with Confidence

Our team is experienced in navigating the nuances of Louisiana’s succession laws. We’ll help you:

• Draft or update a will that complies with forced heirship laws
• Determine whether forced heirs exist
• Understand your rights as an heir or executor
• Address disinheritance with expertise and care