A husband and wife each have a grown child from a previous marriage and the wills are identical and read: I will and bequeath the disposable portion of my estate to my wife (or husband). I leave the balance of all the property of which I die possessed to my daughter (or son).
I am not certain what is meant by disposable property, and Louisiana is a community property state and I don't believe there are forced heirs if children are over 24 and have no disabilities.
Blended families always have these type of problems and if there is no trust or special language then it is the luck of the draw as to which spouse survives determining which children get the estate. Without planning and appropriate language one side is going to be left with zero. So it would really make sense for the husband and wife to become aware of this issue and then have wills and/or trusts set up to provide an equitable solution.
Hope this helps.
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You need to consult with a Louisiana Estate Attorney since the answer to your question goes to interpretation of the wills. You are correct that under Louisiana Law, forced heirs are children 23 years or younger or any child who has disabilities that render them incapable of taking care of their estates now or in the future. The amount that must be left to a forced heir is called "the forced portion". The amount outside that forced portion is called the "disposable portion".
You need to discuss the wills with an attorney and have the attorney review the wills so that they can evaluate them and advise you as to how they would be treated under Louisiana Law.
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