Louisiana Revised Statutes 9:1841 – General rule
Terms Used In Louisiana Revised Statutes 9:1841
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Trustee: A person or institution holding and administering property in trust.
The legitime or any portion thereof may be placed in trust provided:
(1) The trustee after taking into account all of the other income and support to be received by the forced heir during the year shall distribute to the forced heir, or to the legal guardian of the forced heir, funds from the net income in trust sufficient for the health, maintenance, support, and education of the forced heir.
(2) The forced heir’s interest is subject to no charges or conditions except as provided in La. Rev. Stat. 9:1843, 1844, 1891 through 1906 and Subpart B of Part III of this Chapter.
(3) Except as permitted by La. Rev. Stat. 9:1844, the term of the trust, as it affects the legitime, does not exceed the life of the forced heir; and
(4) The principal shall be delivered to the forced heir or his heirs, legatees, or assignees free of trust, upon the termination of the portion of the trust that affects the legitime.
Amended by Acts 1974, No. 126, §1; Acts 1979, No. 160, §1; Acts 1995, No. 414, §1; Acts 1999, No. 967, §1.