re: Reasons for cutting an heir out of a will?

Addiction is a reason to put qualifiers in the will. "if this child stays clean X number of months after I die, then he get X%. If this child stays clean every X months afterwards he/she gets this %. Mandatory randomn drug testing with no exceptions. Would put the 2 eldest children in charge of said child's money.

My dad dies along time ago and me and my sister had rights to half the "estate". We signed it over to my mom without a second thought. At that time in La. that appears to have been the law if you died without a will...that its split between the wife and children. I assume its the same now.

quote:

---

I thought in LA you're not allowed to cut one of your children out, unless they're adopted

---

This was true for Louisiana (except for the adopted part, I think). You were required by law to leave 1/3 of your estate to your heirs (gold diggers couldn't get it all). The last state constitutional rewrite put in conditions that allowed for disinheriting under certain conditions. It is still very difficult, though. Also, forced heirship in Louisiana only extends to age 24. after that point. it can be done for any or even no reason.

quote:

---

I wouldn’t say they was wealthy

---

quote:

---

cut out their youngest, because of his addiction to drugs and alcohol and they were afraid he might sell off some of the land if they gave him any to support his habit.

---

North LA is trashy

Also, aunts would have been even more pissed if they had known that grandma and grandpa had $75K in cash buried under the old junker tractor grandpa kept behind the cellar LOL. My wife was over doing spring cleaning at grandpas house one day he passed and came across an old jewelery box that she hadn't seen before ( she didn't meet my grandmother, she passed before we had made it back to Arkansas even for a visit) anyway, besides my grandmother's jewelery which I would inherit and so was left in the house while grandpa was alive, there was a note letting whomever found it know about the cash buried in the backyard in my grandmother's hand writing, when I got home my wife told me about it and I asked grandpa and after thinking on it he said "oh yeah, I'd forgotten all about that money"

Good thing my wife found that note, or that money may have been lost forever.

Now I have a free loading aunt living in that house, SOMETIMES she pays her utilities, but not on a regular basis. I should make her get them switched over to her name, or kick her out, but ...........

quote:

---

No.

---

Yes.

I've done it for clients more than once with two caveats. You can't cut a child out if he/she is under 24 or if they are permanently incapacitated. You have to go through the steps, Sucession, etc. See C.C. Art 1618 & Art. 1619

Spouse is entitled to half of the assets acquired during the marriage along with usufruct.......no court in LA would allow for a spouse to be denied his or her half assets acquired during the marriage along with the usufructus of the remainder of the said assets

quote:

---

I inherited my grandfather's estate over his my mom and 2 aunts.

---

This Visual Aid might help:

quote:

---

I inherited my grandfather's estate over his my mom and 2 aunts.

---

Clearly I meant MY mom and 2 aunts LOL, but theoretically a person could leave their inheritance to their own mom and aunts I suppose.

quote:

---

Yes

---

No.

quote:

---

I've done it for clients more than once with two caveats. You can't cut a child out if he/she is under 24 or if they are permanently incapacitated. You have to go through the steps, Sucession, etc. See C.C. Art 1618 & Art. 1619

---

That’s a pretty big caveat, don’t you think? You stated that Forced Heirship doesn’t apply if you leave a will. It most certainly does apply to both testate and intestate successions.

quote:

---

Spouse is entitled to half of the assets acquired during the marriage along with usufruct

---

Maybe. If the property is community property, then yes, but that’s not what you said. You said you can’t cut out the spouse and they get 1/2 the assets. That’s simply not true. They will get 1/2 of the community property assets and a usufruct over the remaining 1/2 of the community property assets. They might not get any of the separate property assets.

quote:

---

You stated that Forced Heirship doesn’t apply if you leave a will. It most certainly does apply to both testate and intestate successions.

---

Correct. FHship would be toothless if you could draft your will around it. Forced heirs still get heir portion even if they are not listed in your will, absent the specific exceptions that allow you to disinherit.