This adult child was in a nursing after being in an auto accident that caused a traumatic brain injury. He is now legally blind and in a wheel chair for the most part due to balance issues. In addition, he has been diagnosed as schizophrenic. While in a nursing home, he got into an altercation with another patient who later died as a result of his injuries. He pleaded NGRI and was remanded to a forensic hospital in Louisiana. He will never be released back into the community.
Trusts and estates question. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
In most States one can disinherit any relative other than a spouse. Confirm with local probate/wills/Elder Law counsel.
If this is your child, and you're talking about your Will, then you can choose to not leave anything to this person in your will, but I would confirm this will Estate Planning attorney in LA.
Louisiana operates under the civil code, not common law as most states due. In Louisiana, a parent must have just cause to disinherit a child. One of the causes listed in its code is if the child has committed a crime where for which the punishment could be life imprisonment or death. Please consult with an estate attorney to determine if the conditions have been met.
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Nope. You would be unsuccessful in any attempt at disinherison (civil law term0. He is a forced heir under Louisiana law since he is totally disabled. You could write in a disinherison clause, and your just cause could be the guilty plea to possibly 2d Deg Murder with life sentence (but it was probably manslaughter with a term of years, which is not just cause for disinherison). But the NGRI plea itself would defeat you because the statutes provide a defense for forced heirs who do not understand the impropriety of their actons due to their mental or physical capacity.
The NGRI will defeat your disinherison of the forced heir. He will be entitled to 1/4 of the estate as a forced portion if there is only one forced heir.
Better plan on putting that in a trust.
DISCLAIMER:I try my best to get picked as "THE BEST ANSWER". However, this ain't legal advice, and I ain't your lawyer. This is just idle chat regarding current events. You probably should to go talk to a lawyer face to face.
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