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From Our Practice Succession & Probate

What Happens When a Child Inherits Property in LA

Brad P. Scott, Founding Partner at Scott Law Group - Estate Counsel

Reviewed by

Brad P. Scott , Founding Partner

Updated

Protecting an inheritance of a minor child

When a child you love has inherited property in a Louisiana succession, the property may benefit the child financially for many years to come. But if the child is under the age of 18 and has no trust or trustee, it’s important to understand what happens to the property until the child turns 18.

The Role of a Tutor

The child’s tutor, also known as a guardian in other states, is legally responsible for overseeing and managing the property until the minor child becomes an adult. In Louisiana, there are four forms of tutorships that are typically appointed in the following order of priority:

  • Natural tutorship.  If one or both of the child’s parents are living and retain parental rights, they are the child’s tutor.
  • Tutorship by will. If both parents died, the tutor named in the last surviving parent’s will is the child’s tutor if that person is willing to take on this responsibility.
  • Tutorship by effect of law. If both parents died without naming a tutor who is willing to serve in this role, the court will decide on a tutor. Typically, the tutor will be a close relative such as a grandparent, aunt, or uncle.
  • Dative tutorship. If both parents died without naming a tutor and there is no close relative who is willing or able to serve, the court may name an unrelated person to be the child’s tutor.

The child’s tutor has many responsibilities to care for the child’s health, education, and welfare. When it comes to inherited property, the tutor must be prudent in managing the property. If the tutor does not manage the property appropriately, a judge may require a change in tutorship to protect the child.

If You Have Questions About a Minor Child’s Inheritance

Our Louisiana succession lawyers are here to help you protect the child you love. Contact us at any time for help. We will do everything we can to make things as easy as possible during this difficult time for your family.

Using Trusts to Protect a Child’s Inheritance

The tutorship system provides legal management for a minor child’s inheritance, but tutors are subject to court oversight requirements that can be burdensome. Many Louisiana families prefer to leave property to minor children through a trust rather than outright, allowing a trustee to manage the assets according to specific terms without the same court supervision required of a tutor. A trust can also specify that distributions continue past the child’s 18th birthday if the parent wants additional time before the child has full control of the inheritance.

If you are doing estate planning and have minor children, discussing trust options with a Louisiana estate planning attorney is worthwhile. Contact Scott Law Group at (504) 264-1057 to learn about options for protecting a child’s inheritance.

This article provides general information about Louisiana succession law and is not legal advice for your specific situation.