Estate Planning in Louisiana: Understanding Forced Heirs

Louisiana’s forced heirship laws are unique and can significantly affect how a person structures their estate plan. Unlike most states, Louisiana law requires that certain children receive a portion of a parent’s estate, regardless of what a will provides. These children are known as forced heirs.



Under the Louisiana Civil Code, there are two categories of forced heirs.

1. Children Under the Age of 24

A child of the decedent who is 23 years old or younger at the time of the parent’s death is considered a forced heir. If a parent dies while leaving a child under 24, that child is entitled to a reserved portion of the estate known as the forced portion.

The forced portion is 25% of the estate if there is one forced heir, or 50% of the estate if there are two or more forced heirs. The remaining portion of the estate (the disposable portion) may be left to anyone the testator chooses.

2. Adult Children with Permanent Disabilities

A child of any age can be a forced heir if they are permanently incapable of caring for themselves or managing their affairs due to a mental incapacity or physical infirmity. This category often includes adult children with significant intellectual or developmental disabilities.

Because these children may require long-term care and financial support, Louisiana law ensures they cannot be disinherited.

Planning Considerations

Forced heirship requires careful estate planning. In many cases, a forced heir’s portion can be placed into a trust, allowing the inheritance to be managed responsibly while still complying with Louisiana law.

For families with minor children or children with special needs, it is especially important to work with an estate planning attorney to structure a plan that complies with Louisiana law while protecting the long-term interests of the family.

If you have questions about forced heirship or need assistance preparing a will or trust, consulting with an experienced Louisiana estate planning attorney can help ensure your plan is legally sound and tailored to your family’s needs.

To learn more or to schedule a free consultation, contact Johnston Burkhardt at johnston@snw.lawor 504-313-4199.