What is forced heirship?
Forced heirship is a legal doctrine which is unique to Louisiana. Under Louisiana law, certain qualifying children and other descendants of a deceased person are entitled to a portion of the property of the decedent at the time of his death. If there is only one forced heir, the forced portion or the portion to which the forced heir is entitled is one-fourth of the net estate of the decedent and if there are two or more forced heirs, the forced portion is equal to one-half of the estate of the decedent. The value of certain property transferred by the decedent before his death for less than fair market value may be included in the calculation of his net estate. However, life insurance and qualified retirement accounts are excluded in the calculation of the net estate. If the decedent so provides in his will, a surviving spouse can receive a usufructuary interest over the property which is bequeathed to or inherited by the forced heirs.
The following is from Wikipedia: “Forced heirship is a reference to the testamentary laws which limit the discretion of the testator to distribute assets under a will or codicil on death. Forced heirship laws are most prevalent amongst civil law jurisdictions and in muslim countries, but also occurs in other major countries such as France, the U.S.A. (in Louisiana) and Japan.” You can read the rest of the Wikipedia article about forced heirship at the first link below. The second link is a PDF explaining the Louisiana law on forced heirship, which I think explains the concept more clearly. Good luck!
Forced heirship is a legal doctrine which is unique to Louisiana. Under Louisiana law, certain qualifying children and other descendants of a deceased person are entitled to a portion of the property of the decedent at the time of his death. If there is only one forced heir, the forced portion or the portion to which the forced heir is entitled is one-fourth of the net estate of the decedent and if there are two or more forced heirs, the forced portion is equal to one-half of the estate of the decedent. The value of certain property transferred by the decedent before his death for less than fair market value may be included in the calculation of his net estate. However, life insurance and qualified retirement accounts are excluded in the calculation of the net estate. If the decedent so provides in his will, a surviving spouse can receive a usufructuary interest over the property which is bequeathed to or inherited by the forced heirs. This usufructuary interest entitles the spouse to
