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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 269
BY SENATOR PEACOCK
AN ACT1
To amend and reenact the introductory paragraph of R.S. 9:1022 and (5) and 1024(A),2
relative to donations; to provide relative to donations by a curator on behalf of an3
interdict; to provide relative to the maximum value of certain donations; to provide4
for certain terms, conditions and procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 9:1022 and (5) and 1024(A) are7
hereby amended and reenacted to read as follows:8
§1022. Authorization of curators to continue making donations to descendants9
The court may authorize a curator, in the name and on behalf of the interdict,10
to make donations inter vivos from the surplus funds or other surplus property of the11
interdict, of a value of not more than ten thousand dollars annually value annually12
of not more than the greater of fourteen thousand dollars or the maximum13
amount that may be excluded from federal gift taxation pursuant to 26 U.S.C.14
2503(b), to each of the direct descendants of the interdict, when:15
* * *16
(5) The proposed donations will not discriminate between descendants of the17
interdict, will not materially impair the financial condition of the interdict and are not18
likely to deprive him of sufficient funds to care for his future needs and support. In19
order to establish that the proposed donations will not deprive the interdict of20
sufficient funds to provide for his future needs and support, the curator must satisfy21
the court, from the evidence presented to it, that the total fair market value of the22
interdict's estate, after subtracting the value of the proposed donations, is not less23
than a sum amounting to: fifty thousand dollars sixty five thousand dollars24
multiplied by the number of years of life expectancy remaining to the interdict at the25
time of the donation, as determined by his age and the table of life expectancy set out26
in R.S. 47:2405.27
ACT No. 743 SB NO. 269 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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§1024. Donations by curator to collaterals; court authorization2
A. The court may authorize a curator, in the name and on behalf of an3
interdict who has no direct descendants and no spouse, to make donations inter vivos4
of money from surplus funds of the interdict to each of the brothers and sisters of the5
interdict and to each of the direct descendants of the brothers and sisters of the6
interdict, or to trusts in which they are the only principal and income beneficiaries,7
provided that there is no known testamentary disposition to the contrary. Annual8
donations shall not exceed ten thousand dollars per donee Annual donations per9
donee shall not exceed fourteen thousand dollars or the maximum amount that10
may be excluded from federal gift taxation pursuant to 26 U.S.C. 2503(b),11
whichever is greater. The total amount donated annually to each of the brothers and12
sisters of the interdict and to each of the direct descendants of the brothers and sisters13
of the interdict, or to trusts therefor, shall be equal by roots from the parents of the14
interdict.15
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: