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More Than 40 Years Of Legal Service To The Baton Rouge Region

Can you disinherit your child in Louisiana?

On Behalf of | Apr 5, 2024 | Estate Planning |

Baton Rouge Legal Blog

Some states are pretty flexible about allowing you to disinherit your adult children. They figure it is your money, so you can make the choices you wish.

Louisiana is not one of those states, and it is rather specific about why a parent can disinherit their adult child.

There are just 8 allowable reasons to disinherit a child in Louisiana

If your child can show that none of the following things were true, then a court will likely award them a portion of your estate despite you making it clear you did not want to leave them anything:

  1. Your child hit you or tried to hit you. Verbally threatening to do so is not enough. They must have at least raised a hand.
  2. Your child has committed a crime against you, treated you cruelly or injured you in a way that caused significant pain and suffering.
  3. Your child tried to kill you.
  4. Your child accused you of a crime (without good reason) that, if you were convicted, could have seen you get the death penalty or life imprisonment.
  5. Your child tried to force or threaten you into not making a will.
  6. Your child got married when they were a minor without your permission.
  7. Your child has been convicted of a crime that could carry a penalty of death or life imprisonment.
  8. Your child has not been in touch with you for at least two years since turning 18, with no valid reason. 

Even if one of these things is true, your child may still try to challenge a will that disinherits them. So, if you are sure this is what you want to do, make sure you get legal help to document your wishes as fully as possible. Otherwise, if a challenge occurs, it could create problems for those you want to inherit your estate.