Issue: Under Louisiana law, who may qualify as a ‘forced heir’?
|Area of Law:||Estate Planning & Probate|
|Keywords:||Forced heir; Permanently incapacitated; Mental incapacity or physical infirmity|
|Cited Statutes:||La. Civ. Code art. 1493(A); La, Civ. Code . art. 1493(B), (C)|
A “forced heir” is defined as a child of the decedent who is under age twenty-four at the time of the decedent’s death or a child of any age who is permanently incapacitated because of mental incapacity or physical infirmity. La. Civ. Code art. 1493(A). A grandchild of the decedent may also be considered a forced heir if (a) the grandchild’s parent (the decedent’s child) died before the decedent and, at the time of the decedent’s death would have been twenty-three years of age or younger; or (b) the grandchild is “permanently incapable of taking care of his or her person or administering his or her estate at the time of the decedent’s death” due to mental incapacity or physical infirmity. La, Civ. Code . art. 1493(B), (C).