Just last week, a client called with an interesting question about forced heirship. The issue centered around whether forced heirship applies when a person owning real estate in Louisiana dies while living as a resident of another State. Since the decedent lived elsewhere at the time of death, should forced heirship apply to his Louisiana property? Well, the answer really depends on where the decedents children lived at the time of death. If the decedent leaves any forced heirs that are also residents of Louisiana, then those heirs are entitled to a forced portion of the decedents Louisiana property. however forced heirship does not apply at all if the decedent dies while domiciled in another state and there are no forced heirs living in Louisiana. To qualify as a forced heir, the heir must be a child or grandchild of the deceased (grandchildren only qualify if their parent has predeceased the grandparent) and the heir must be either 24 years old or younger at the decedent’s date of death or disabled.
If you have any questions about Louisiana Estate Law or Louisiana Successions for your loved ones, call me at (504) 274-1980 or email email@example.com.
Chris Kane, Estate Planning Attorney with the Rabalais Law Firm
Director New Orleans / Mandeville Offices