Is a person with a mental illness that is under control at the death of their parent deemed a forced heir in Louisiana?

The legal definition of a forced heir includes a person who is permanently mentally incapable of taking care of themselves or administering their estates at the time of the death of a parent. What about someone who has a mental disorder, but at the time of the death of the parent is able to take care of themselves? An example could be someone with bi-polar disorder who is functioning on a daily basis with medication.

Louisiana law (La Civ.C. Art 1493) further defines "permanently incapable of taking care of their person or administering their estates" to include children who have an inherited incurable disease that, even if not disabling now, may render them incapable of caring for their persons or estates in the future. The disease must be inherited, incurable and medically documented to make the adult heir a forced heir.

In a May, 2010 case, the Court of Appeals, Third Circuit, upheld the right of two sisters who had medical documentation of bi-polar disorder to inherit from their Mother as forced heirs. Their Mother died in 2008. Her husband had predeceased her. They had 3 children, all of whom were adults at the time of her death.

About a year before she died, the Mother had executed a will leaving her entire estate to her sister. The children contested the validity of the will. Two of the children specifically sought a reduction in the amount given to the sister because it impinged on their portions as forced heirs. Even though they were adults and over the age of 23, they claimed they suffered from mental illness, including bipolar disorder, which renders them incapable of caring for themselves. Therefore, they were forced heirs.

The case went to trial and the lower court ruled against the sisters saying they were capable of taking care of daily task and their households at the time of their mother's death and were therefore not forced heirs.

The two children appealed the ruling claiming the lower court erred in failing to find that they are forced heirs. They argued that the medical evidence clearly established that they have an inherited, incurable disease which, even if not disabling now, "may" render them incapable of caring for their persons or estates in the future.

At the trial, the sisters both testified about the mental difficulties they have experienced in their lives. One of the sisters testified that she had been under treatment for many years for anxiety, panic disorder and depression and she was on numerous medications. She received governmental disability payments. She held one job for about 15 years, but lost that job due to illness.

The other sister had been diagnosed with schizophrenia and had been in and out of hospitals for years. She had been treated for major depression with psychosis and bipolar disorder. This sister's condition was controlled with medication and she had numerous jobs and issues with those jobs for years.

The psychiatrist who reviewed their medical records and evaluated each sister in 2009, concluded that both ladies are incapable or may become incapable of caring for their own affairs without assistance. She diagnosed both with bipolar disorder, a condition they had when their mother died. The doctor explained that mood psychiatric disorders run in families and they are not curable, only treatable. The doctor testified that bipolar disorder does interfere with life and employment functions.

The appeals court ruled in favor of the two sisters and reversed the judgment of the trial court. Both sisters were found to be forced heirs of their mother's estate due to overwhelming evidence that they have suffered with mental illness for many years . Their inherited, incurable diseases had only worsened with time. Although at the time of their mother's death they could manage to care for themselves and their households, this capability was decreasing with time and they may not be able to care for themselves in the future.

In conclusion, forced heirs include individuals with a medically documented inherited, incurable disease that may rendered them incapable of taking care of their person or estate in the future, even if, they are able to manage their daily life and estate at the time of the death of the parent.

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