How does the amendment to the constitution approved by the voters on October 21, 1995, change the forced heirship law?
The constitutional amendment approved by the voters on October 21, 1995, redefined ‘forced heir’ to be “descendants of the first degree twenty-three years of age or younger, or descendants of any age who, because of mental incapacity or physical infirmity, are incapable of taking care of their persons or administering their estates.” To take advantage of these provisions, one must execute a will. Otherwise, in an intestate succession all property will be inherited by the decedent’s children, subject to any usufruct in favor of the surviving spouse over any community property being inherited by the children. For more information, see LA. CIV. CODE art. 1493.
Related Questions
- How does the proposed amendment interact with the Missouri Constitutions existing Hancock Amendment, and does Hancock already provide adequate legal protection against a transfer tax?
- How does the amendment to the constitution approved by the voters on October 21, 1995, change the forced heirship law?
- What will Amendment 44 do if it is approved by voters in November?
