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Panel advances bill letting curators and courts limit forced heirship for very wealthy interdicts
Summary
SB127 would allow courts and curators, with judicial oversight, to renounce or disclaim legacies for disabled interdicts above high net‑worth thresholds so they can engage in estate and tax planning; proponents say it preserves charitable and planning rights while retaining fiduciary safeguards.
The Senate Judiciary A committee reported SB127 favorably after hearing testimony that the measure addresses narrow circumstances in Louisiana’s forced‑heirship rules when the interdicted person is already wealthy.
The sponsor told the committee forced‑heirship — the requirement that certain disabled heirs receive a percentage of an estate — protects dependents, but can produce anomalous results when a disabled person independently holds substantial assets. "What this bill does is allow, in narrow circumstances, a curator for these high net worth individuals to have the discretion to disclaim or renounce a legacy or inheritance," the sponsor said.
Leon Rittenberg III, an estate and tax attorney with the Lisco law firm, testified that the bill’s goal is to enable wealthier interdicts to engage in tax and estate planning and to make charitable contributions subject to judicial protections. "The goal of this bill is to allow wealthier disabled people to engage in planning that they couldn't otherwise engage in with some judicial protections," Rittenberg told the committee.
Members asked about the precise threshold, whether decisions require judicial approval and whether the changes would be retroactive. Testimony clarified the curator would have authority to act but could not implement certain actions without judicial approval; the sponsor said the measure would not apply retroactively. Senators discussed safeguards to prevent abuse and noted existing prohibitions on contracts between an interdict and a curator remain in effect.
Senator Carter moved the bill and the committee reported SB127 favorably by voice vote. The measure will be forwarded for further consideration.
