The Top 6 Things You Need To Know About Wills in Louisiana

In this article, you can discover…

• The significance of estate planning documents in Louisiana.
• What makes a will legally binding.
• The process of contesting a will and the grounds it might be contested.

What Is A “Last Will And Testament,” And Why Is It Important In Louisiana?

A last will and testament is a legal document that tells people where you want your property to go when you pass away. A last will and testament simplifies things for your loved ones and clearly spells out your wishes for your assets, making family debates and confusion less likely.

How Does Louisiana’s “Forced Heirship” Law Impact The Creation Of A Will?

In Louisiana, a “forced heir” is a child who is 23 years or younger and who is permanently unable to care for themselves and their estate due to a mental or physical disability. Louisiana is the only state in the United States that recognizes the concept of forced heirship. If one of your children qualifies as a forced heir, you must leave a portion of your estate to that child.

How does this work? If only one child meets that designation, you are legally required to leave 25% of your estate to them to help provide long-term care and stability. If more than one of your children qualifies as a forced heir, then half of your estate must be left to these children.

Our experienced Louisiana estate law attorneys can help you determine if your family situation falls under “forced heir laws”, and how to properly draft a will in accordance with these laws.

What Is The Process For Validating A Will In Louisiana, And What Makes It Legally Binding?

In Louisiana, there are two types of wills: notarial wills and olographic wills.

A notarial will must be in writing and dated. The testator must sign the will in the presence of a notary and two witnesses. These witnesses cannot be your spouse, nor can they be a beneficiary. These witnesses must also sign the will in the presence of the notary and each other, confirming that the testator signed willingly and is of sound mind. Finally, the notary witness signs the attestation clause and affixes their official seal to the documents.

Olographic  wills are quite a bit different. A Olographic  will must be entirely handwritten, dated, and signed by the testator at the end of the document. If anything is handwritten by the testator after their signature, the will is still valid, and the added text can be considered a valid part of the will by a court. Similarly, any additions or deletions on the testament are valid only if handwritten by the testator. Finally, Olographic  wills do not need to be signed by a notary.

What Happens If You Die Without A Will In Louisiana?

If you die without a will, this is known as dying intestate. If this happens, Louisiana law dictates that your children receive everything. If you have no children, the estate goes to a spouse or other close relative. If there are no children and no spouse, your assets will be shared by your surviving parents and siblings.

Can A Will Be Contested In Louisiana?

Whether or not a will can be contested in Louisiana depends on how the will was written. Sometimes there are no-contest clauses or penalty clauses written into a will that reduce or eliminate the inheritance of anyone who legally contests the will.

In other cases, the will has no such clauses and may be legally contested. When you contest a will, you are saying that you don’t believe the will was properly executed according to state laws and is, therefore, not legally binding. When you contest a will, you are saying that you don’t believe the will was properly executed according to state laws and is, therefore, not legally binding.

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You could contest a will for a variety of reasons. You may believe that…

• The person who wrote or typed the will was under undue influence or pressure from another person to write the will in a certain way.
• One of the legal requirements for a will to be valid in Louisiana was not met. Louisiana, like every other state, has specific requirements about how to make and execute a will. If one of the requirements for creating or executing a will was not met, you may have grounds for contesting a will. The burden is on you to prove that the will does not meet the legal requirements and should be set aside.
• The testator lacked the mental capacity to create a valid will. Mental capacity means that the testator generally understands the nature and consequences of creating a will and the provisions of the will

If you suspect a loved one lacked the mental capacity to create a valid will, you must prove by clear and convincing evidence that the testator lacked this capacity at the time the will was executed. You can prove this through medical records, lay witness testimony or expert witness testimony (for example, a medical doctor).

How Do You Build A Solid Estate Plan?

When you meet with an estate planning attorney, a will is likely the first thing on your mind. While a will is important, there are several other key documents you should discuss and consider.

What are these key estate planning tools, and what does each one accomplish?

• Wills and Trusts designate who you wish to receive your assets when you pass away. Wills release assets immediately after death, while trusts can be tailored to release assets to heirs over time, such as at certain ages or when milestones are met.
• Guardianship Elections designate someone to care for your children should you pass away.
• Special Needs Trusts can also be established to help care for a disabled child or dependent adult long-term.
• Medical Power of Attorney documents designate a trusted person to take control of your medical decisions should you become incapacitated.
• Financial Power of Attorney can be established to grant someone access to your financial accounts so that bills can be paid if you are unable to do so.
• A Living Will is also known as an advanced directive. This document establishes what types of medical care you do or do not want to prolong your life.
• Revocable Living Trusts allow your estate to be managed should you be unable to and immediately release assets to designated heirs on your death.

Many people hesitate to make estate plans, uncomfortable with thinking about end-of-life plans or incapacitation. We understand these feelings; at Gennusa Firm, we’ll be sure to work with you with care, respect, and sensitivity.

We’ll answer your questions, guide you at each step, and help you stay in control of your legacy. In the process, we can help you protect your loved ones from the conflicts that often arise when estate plans are incomplete or absent.

Don’t entrust your family’s future or your own legacy to a lesser law firm. Let Gennusa Firm help create the estate plan that’s right for you.

Still Have Questions? Ready To Get Started? For more information on Wills In Louisiana, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.