Louisiana has long been celebrated throughout the country because of its rich culture and traditions, and its unique laws. In recent years, many of the laws that previously were unique to Louisiana have been brought in compliance with the rest of the country. However, there is one particular legal concept that remains absolutely unique to Louisiana and that dramatically impacts Medicaid planning in Louisiana.
Louisiana's Unique Forced Heirship Laws Directly Impact
Families of Individuals with Disabilities and Special Needs
In all states other than Louisiana, individuals can leave their estates to whomever they choose. However, in Louisiana, parents are required in limited circumstances to leave at least minimum portions of their estates to their children as a matter of law. This legal concept is known as "forced heirship".
A common misconception among many people, including quite a few members of the legal community, is that Louisiana’s forced heirship laws were abolished years ago. This is not correct. Although the rules regarding forced heirship in Louisiana were significantly modified in the mid-1990s, they were not abolished. As a result, Louisiana remains the only state in the country with forced heirship laws requiring many parents to leave at least a portion of their estates to their children.