The term "legitime" refers to the legal requirement that a portion of a deceased parent's estate must be inherited by their children. This forced share ensures that children, known as forced heirs, receive a minimum percentage of the estate, regardless of the deceased's wishes. In essence, legitime protects the rights of children to inherit a fair share of their parent's property.
Legitime is primarily used in the context of estate law and inheritance. It plays a crucial role in family law, particularly in situations involving wills and inheritances. In jurisdictions like Louisiana, the law mandates that a testator cannot completely disinherit their children without valid reasons. Users may encounter legitime when drafting wills or during estate planning, and they can utilize legal forms to ensure compliance with these requirements.
Here are a couple of examples of abatement:
(hypothetical example) If a parent passes away and leaves a will stating that all their property should go to their partner, the children are still entitled to their legitime. If there are two children, they must receive at least 50 percent of the estate, regardless of the parent's wishes.
In Louisiana, the Civil Code governs the concept of legitime. Specifically, Articles 1493 to 1495 outline the rights of forced heirs and the minimum shares they are entitled to receive from a deceased parent's estate. Other states may have different laws regarding inheritance and disinheritance.
| State | Legitime Rules |
|---|---|
| Louisiana | Children receive at least 25% of the estate; two or more children must receive at least 50% collectively. |
| California | No forced share; inheritance depends on the will unless community property laws apply. |
| Texas | Similar to California; children may inherit based on the will or intestate succession laws. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Legitime | The mandatory share of an estate that children must receive. |
| Forced Heirship | A legal concept ensuring certain heirs receive a minimum share of an estate. |
| Disinheritance | The act of excluding someone from receiving an inheritance, which may be limited by laws like legitime. |
If you are planning your estate or dealing with an inheritance issue, it is essential to understand the rules of legitime in your state. Consider consulting a legal professional to ensure your will complies with the law. You can also explore US Legal Forms' templates to assist you in drafting a compliant will or estate plan.
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In states with legitime laws, children cannot be fully disinherited without valid reasons.