What is the name of your state (only U.S. law)? LA
In Louisiana, a person may be forced to leave their heirs a portion of their estate. Such heirs are referred to as forced heirs. Louisiana law defines forced heirs as follows:
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.
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Just to make sure we understand correctly, none of my mothers children are younger than 24. Her child that died, died at the age of 41. However that child was permanently disabled. My mother (and I) are unsure if 3 or 4 would make her grandchildren forced heirs. Could someone explain this please.
In Louisiana, a person may be forced to leave their heirs a portion of their estate. Such heirs are referred to as forced heirs. Louisiana law defines forced heirs as follows:
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.
*******
Just to make sure we understand correctly, none of my mothers children are younger than 24. Her child that died, died at the age of 41. However that child was permanently disabled. My mother (and I) are unsure if 3 or 4 would make her grandchildren forced heirs. Could someone explain this please.