What is the name of your state (only U.S. law)? Louisiana
Hello ~ I hope I'm in the right section. I actually have two separate questions about wills/estates, so I will make two separate threads.
My husband and I have done our wills through the legal zoom online, they walk you through everything, but I still have a few questions and want to see if maybe we should go see an actual lawyer... in Louisiana there is forced heirship, which means his child is entitled to 25% of his estate no matter what (for the rest of his life because he is mentally incapacitated). We have the will set at 30% for his son so that takes care of that, and have the money set for a trust to last his son's lifetime, for which I am the trustee and upon my death my husband's nephew will be the trustee. This was done to make sure his ex wife does not take the money and spend when his son is going to need the money (this was my husband's idea). My husband has two different life insurance policies worth alot of money, plus he has retirement accounts and bank accounts. The will states that 30% of the insurance proceeds go to this trust for his son and I am beneficiary of the retirement and bank accounts. My concern is our house - we are both on the title, but only my husband is on the mortgage. Under the will I am to get enjoyment of the house until my death, and it is the same for him in my will. But I'm not sure if his son would be entitled to any percentage of the house (in other words, could his mother try to force me out) I was told by a friend that if a will specifies an amount to an heir, then the forced heirship is not "put into play" - in other words as long as there is a will the state will not force me to give up 25% of everything to his heir, nor will it try to force him to give up 50% of my estate (I have 2 children) to my heirs.
Can anyone shade a little light on this for me? And exactly what type of lawyer would I want to go see regarding this issue?
Thank you very much for any insight.