Who has the capacity to inherit in a Louisiana succession?

A potential heir needs to meet only one qualification to inherit property in a Louisiana succession. The heir must exist at the time of the decedent’s death. 

What Does it Mean to Exist?

Anyone living at the time of the decedent’s death, exists. In most cases, this is an easy standard to interpret. When there are disputes, the conflicts typically arise over unborn children.

According to Louisiana law, a child conceived by the decedent before death who is later born alive is considered to have existed at the time of the decedent’s death and may inherit property from a parent’s estate.

Additionally, Louisiana law allows some children conceived after the death of a parent to inherit property. These cases are limited, however. If no law exists to the contrary, a child conceived after the death of the parent has the capacity to inherit property in a succession case if:

• The decedent provided written authorization to the surviving spouse that allowed the spouse to use the decedent’s gametes
• The child is born to the surviving spouse within three years of the decedent’s death

Sometimes the capacity of unborn or not yet conceived children is contested by other heirs or potential heirs to the estate.

Three Things That Will Not Prevent an Inheritance

The word “capacity” may confuse the issue of an inheritance. For example, age, mental capacity, and disability may interfere with a person’s ability to understand or manage their own inheritance, but these things will not prevent a person from inheriting property in a Louisiana succession.

Make Sure the Right Heirs Inherit the Right Property

Whether you are an executor, administrator, heir, or representative of a child or another potential heir, you have an interest in making sure the right people get the right inheritances in a Louisiana succession case. Our experienced Louisiana succession attorneys can review the succession case, help you identify heirs, and make sure that the succession case is handled correctly. Call us, or complete our contact form today to schedule your initial meeting.