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estate planning

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nored2344

Junior Member
What is the name of your state (only U.S. law)? Louisiana

I'm divorced, I have 2 teenage children, but I have been in a relationship for 11yrs with the man I live with. My gentleman friend wants to make a will, he wants to leave the land he has to me once he is deceased, but he has 2 children age 30yrs and 33yrs old.
Does he have to donate the land before his death?

Can there be a transfer at death done in this case?

What is the best way to have the will done?

Can his children dispute the will?

C
 


anteater

Senior Member
Great, the internet ate my post. Anyway to try again...

Louisiana is the only state that retains the concept of "forced heirship." But, it only applies under certain conditions:

1. All children who have not attained the age of 24 years are forced heirs.
2. All children who are permanently incapable of taking care of their person or administering their estate at the time of the death of their parent, due to a mental or physical incapacity of that particular child, are forced heirs, regardless of the age of the child.
3. A grandchild is a forced heir of his or her grandparent only if the predeceased child (the grandchild's parent) would have been less than 24 years of age at the time of the grandparent's death.
4. A grandchild whose parent has predeceased the grandparent is a forced heir if the grandchild, due to mental or physical incapacity, is permanently incapable of taking care of his person or administering his estate at the time of the death of the grandparent, regardless of the age of the grandchild.


His kids do not appear to meet any of those conditions. But, it is their legal right to attempt to contest a will. The best defense is a well-written and properly executed will. And it is best to have an experienced attorney do the writing.
 

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