Opelousas, LA asked in Estate Planning for Louisiana

Q: I gave my sister ownership of our parent's home years ago. Since then I have moved into the home with her

Her son is presently the sole heir. Can my sister name me as the heir to the property in her will and if the will is executed properly (in Louisiana) can I then inherit the home?

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1 Lawyer Answer
Christie Tournet
Christie Tournet
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Technically, yes. With a Will, you can, generally, name anyone as a beneficiary to your estate. There are 2 execptions to that general rule. One, if the property is community property, each spouse can only gift his/her half share of the asset. And, the second exception applies to forced heirs. The testator's intent and bequest will still control, but a Testator cannot disinherit/leave out a forced heir, a child under 24 or a child of any age with a disability where the disability prevents the child from caring for her person/property, unless specific circumstances permitting disinhersion exists. If a forced heir exists, then, the forced heir could be due his forced portion - a share of the estate under state law. If your sister wishes to put a Will in place to bypass the default rule where her share of property would go to her son, she should discuss all these factors with a counselor well versed in estate planning and obtain a more precise recommendation to proceed. Best of luck.

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