+ Reply to Thread
Results 1 to 4 of 4

Thread: Forced heirship

  1. #1
    lagirl3569 is offline Junior Member
    Join Date
    Oct 2012
    Posts
    4

    Forced heirship

    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.
  2. #2
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    At the cabin; leave a message.
    Posts
    24,825
    Quote Originally Posted by lagirl3569 View Post
    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.
    Unless your friend is an estate attorney in LA, I'd ignore that person's views.
  3. #3
    lagirl3569 is offline Junior Member
    Join Date
    Oct 2012
    Posts
    4
    No they aren't, that's why I was wondering if that was correct or not. I think having the will set a trust for his son with 30% of the insurance proceeds satisfies the forced heirship "requirements" based on the limited posts I have read on here about the subject just now. But I guess I better find an estate attorney to make sure it's all done correctly.
  4. #4
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    At the cabin; leave a message.
    Posts
    24,825
    Quote Originally Posted by lagirl3569 View Post
    No they aren't, that's why I was wondering if that was correct or not. I think having the will set a trust for his son with 30% of the insurance proceeds satisfies the forced heirship "requirements" based on the limited posts I have read on here about the subject just now. But I guess I better find an estate attorney to make sure it's all done correctly.
    Louisiana law is very complicated and different from the rest of the country. I sincerely think you should have an estate attorney check over your wills.

Similar Threads

  1. Heirship
    By rsinger-nc in forum Probate and Personal Representatives
    Replies: 3
    Last Post: 12-30-2010, 07:41 PM
  2. Heirship
    By pirving in forum Tax Law
    Replies: 0
    Last Post: 10-22-2010, 07:23 PM
  3. Heirship and Will.
    By acegirl427 in forum Probate and Personal Representatives
    Replies: 1
    Last Post: 09-06-2010, 06:39 PM
  4. Forced heirship in Louisiana
    By sagebrushjohn in forum Wills, Trusts and Estate Planning
    Replies: 6
    Last Post: 02-21-2003, 11:30 AM
  5. Affidavit of Heirship
    By patticakes in forum Family Law Archive
    Replies: 0
    Last Post: 10-26-2000, 11:58 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.