Louisiana Wills, Trust, and Probate

Spend the time to create an organized and coherent estate plan and set of instructions. This will make the process of asset distribution after your death much smoother for your relatives and other loved ones. Seek the advice of a Louisiana estate planning lawyer when creating your estate plan, as a lawyer will help you craft a plan that is the most advantageous to your situation.
Your estate plan may include a trust, will, durable power of attorney, advanced healthcare directive, and/or healthcare surrogate designation etc.

It does not matter how old you are, how much money you have, or what your family situation is like—you should revise your estate plan whenever a major event happens in your life to make sure that your will accurately reflects your desires.

Louisiana Will

There are specific legal wording requirements for a will in Louisiana, and formalities that must be followed for a will to be valid and the testator's wishes to be carried out. For instance, Louisiana requires a testator to have:

• Witnesses: Two witnesses and the testator must sign the will.
• Notarization: Your will MUST be notarized in Louisiana, unlike in most other states.

Louisiana does not allow self-proving wills, so the original witnesses to the testator's will must attest to the will in court, in the county where the deceased resided in order for the will to be admitted to probate. Consult with a Louisiana wills and trusts attorney to ensure that you have complied with Louisiana's legal requirements for wills.

Changing a Will in Louisiana

Change your will in Louisiana whenever you wish to do so. Add additions to the will by attaching a codicil (separate piece of paper) to the will, stating what amendments you seek to make to your will. In addition, you can revoke (cancel) your old will by physically destroying the will, or by writing a new will and making it known that you want the new will to control.

However you decide to change your will, make sure that you follow the appropriate will construction formalities (see above). A Louisiana probate attorney who specializes in the probate process can check to make sure you have met the requisite formalities. It is important that you discuss any changes to your will with a Louisiana probate lawyer.

Louisiana Trust

Louisiana trusts give you a private, malleable alternative to allocate your assets post mortem. They also save you money on taxes and give you a way to avoid probate. You may set up a trust for a number of purposes, including for charity, life insurance, education, or special needs, and in a number of forms (i.e., revocable, irrevocable, inter vivos).

Constructing a trust can be a detailed and complex process. To ensure that you set up a trust that best suits your situation, contact a Louisiana estate planning lawyer to help you.

Louisiana Probate

In Louisiana, a will must be admitted and go through probate before the property in the estate can be distributed. If a portion of the deceased's estate is not left to certain people, that portion of the property will be dispensed through what is called "intestate succession," which is determined according to Louisiana law and by a person's blood relationship to the deceased.

When the deceased does not allocate some of his or her property in a will and there is a question as to who should inherit, or in what amount, interested parties may ask the court to decide how that property in the estate should be distributed. Additionally, if the deceased does not leave a will and it is unclear who should inherit based on intestate succession, a potential heir may petition the court to determine what property belongs to whom, and in what amount.

Louisiana does have a simple process for the administration of small estates that does not require the estate to pass through formal probate. Contact a Louisiana probate attorney for more information.

The following groups of people may have an interest in a deceased's estate through intestate succession in Louisiana:

1. Spouses
2. Descendants – children, grandchildren
3. Parents
4. Brothers and Sisters
5. Half Blood
6. After-born heirs
7. Adopted Persons, persons born out of wedlock

Certain property may not pass through probate:

• contract assets – money contractually to be paid to a particular individual, including money from an IRA, retirement plan, life insurance policy, or living trust.
• non-probate assets – property expressly allocated to an individual in a deceased's trust or will, which is disbursed immediately to that individual.
• jointly held property – property mutually possessed by other people and by the deceased. When the deceased dies, his portion of the property is automatically transferred and split between the other joint owners. Examples of joint property include shared homes, bank accounts, and cars, among others.

A will's validity may be disputed even after the will has been finalized. Because of the possibility that your will may be challenged, you should talk to am experienced Louisiana will attorney if you have any questions or anxiety about your will.

Louisiana Statutes

Louisiana Revised Statutes – Uniform Probate Code

1. Probate Code: Wills
1. Louisiana Revised Statutes, § 9:2425 et. seq.
2. Probate Code: Intestate Succession
1. Louisiana Revised Statutes, Chp. 3, Art. 3396.5.
3. Probate Code: General Provisions
1. Louisiana Revised Statutes, § 9:2425 et. seq.
4. Probate Code: Administration of Estates
1. Louisiana Code of Civil Procedure, Chp.3, § 1, Art. 2851.
5. Louisiana Trust Code
1. Louisiana Revised Statutes, § 9:1721.