Estate Planning Blog

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Security for Forced Heirs Rights

Louisiana continues to grant forced heirship rights to certain persons. But what protection does the forced heir have to assure that he or she will ultimately receive the property to which he or she is entitled?

Let us take for example a situation where the your parent has died leaving all property to a surviving spouse or one of your siblings.  Where do you go from here to enforce your forced heirship rights?  What if the Last Will named the sibling receiving the property as the executor of the estate and provided that she did not need to post a bond? A bond or other security would help to assure that she faithfully and fully performs her duties?  You contact her and she refuses to recognize your rights as a forced heir of the estate.