Will & Forced Heirship

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    • #4020

      My father passed away in December. I was named as his forced heir in his will but was over the age of 24 when he died. His will left everything to his wife except for my forced portion. To complicate matters, my forced portion was to come from a life insurance policy that no longer exists (expired in 2016) that I was beneficiary on and his current policy named his wife as beneficiary. And to further complicate matters, his wife has turned over her power of attorney to her sister due to having Alzheimer’s (not sure if that changes anything). I’m trying to find out what happens to my forced portion in this instance. Any guidance would be appreciated.

    • #4021

      Forced heirs are any child over the age of 23 or with permanent disability regardless of age. A forced heir can also be a child with an inherited condition that may make them disabled one day. This is all a nightmare for estate planners (Thank you, Legislature).

      Usually when we refer to a forced heir in a will, we are only talking about a contingency. That is, IF I have a forced heir, then such and such happens.

      People do not normally assign the status of forced heir to their children. They are either forced heirs by operation of law or they are not.

      So, it would depend entirely on the exact wording of the Will. If the will says “I leave the forced portion” to any of my children, then that child would not receive anything by virtue of that bequest because, in fact, they are not a forced heir.

    • #4105

      I have a 30 year old daughter that has been interdicted due to having Down Syndrome. She is a forced heir. I am re married and so is her father. I have set up a trust and her father has not. My new husband and I have two homes (mortgaged not owned outright) and he has children in Texas that are 22 and 20. Is my current husband responsible for any forced portion for my daughter if I die?

    • #4106

      Only if he legally adopted her.

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