Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Louisiana inheritance laws for children (https://www.askmehelpdesk.com/showthread.php?t=454889)

  • Mar 5, 2010, 10:27 PM
    dascajunsha
    Louisiana inheritance laws for children
    Couple married for over fifty years in state of Louisiana, and still married. This couple has four natural born children, all children over the age of forty five and still living. None of these children have ever been in trouble with law, drugs, etc. This couple has property, and a little money, and a Will. Is it possible for this couple to disinherit one of these children because they dislike that child and wish to leave that child as little as possible compared to the other three sibilings, Thank you
  • Mar 6, 2010, 06:03 AM
    Fr_Chuck

    Are they wanting to split the property up, or have it sold and the children divide the money

    But yes, they can not leave them out completely, but can leave them very little compared to the other.

    The wording of the will will be key importance, not something you will do with a "online" will kit, They will need to spend a few hundred and have an attorney draw it up
  • Mar 6, 2010, 06:13 AM
    ScottGem

    Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

    Louisiana is actually the only state that does not allow complete disinheritance of a child. However, any attorney will advise that it's usually better to leave a token inheritance to an heir rather then disinherit entirely. This makes a clear statement of the testator's wishes.
  • Mar 6, 2010, 09:55 AM
    dascajunsha

    No, the couple is not splitting any of the property now. It will be divided at the time of their death and according to the will I guess. They were wondering if in the state of Louisiana could parents disinherit a child. I do not think you can disinherit a child unless that child had committed a felony crime. That is what I was told.
  • Mar 6, 2010, 11:21 AM
    AK lawyer
    Quote:

    Originally Posted by dascajunsha View Post
    ... I do not think you can disinherit a child unless that child had committed a felony crime. That is what I was told.

    As previous posters have noted, Louisiana law is different. This is what I have found:

    Quote:

    Current Louisiana law provides for a forced share if the decedent's children are under 24 years of age, or are permanently unable to take care of themselves.
    Legitime - Wikipedia, the free encyclopedia

  • All times are GMT -7. The time now is 05:44 PM.