top of page

Estate Planning in Louisiana: Wills and Trusts

Planning for the future is an essential part of life, but one aspect that often gets overlooked is estate planning. Particularly in Louisiana, understanding wills and trusts can have profound implications for the security of your loved ones and the disposition of your property. Let's delve into the significance of estate planning and the role of wills and trusts in this process.


Understanding Estate Planning

Pen over a Living Will Declaration
Living Will Photo

Estate planning is the process of arranging the management and disposal of a person's estate during life and at death. It's about ensuring your assets are distributed according to your wishes, avoiding unnecessary taxes, and protecting your loved ones.


Estate Planning Louisiana Wills and Trusts



This process is especially crucial in Louisiana, which has unique inheritance laws due to its roots in the French legal system, differentiating it from other American states that primarily follow English common law. For instance, Louisiana law includes "forced heirship," which mandates that a certain portion of your estate goes to your children if they're 23 years old or younger or if they're permanently incapable of taking care of themselves due to mental incapacity or physical infirmity.


The Significance of Wills in Louisiana


A will, or 'last will and testament', is a legal document that communicates a person's final wishes regarding possessions and dependents. It is a vital component of estate planning, allowing individuals to express their personal preferences about the disposition of their property after death. Without a will, your estate will be divided according to Louisiana's intestate succession laws, which may not align with your intentions.


In Louisiana, anyone 18 years of age or older and of sound mind can make a will. This state recognizes several types of wills, including notarial wills and olographic (handwritten) wills, each with their specific requirements.


A Notarial will must be written, dated, and typically must be signed in the presence of a notary public and two competent witnesses. On the other hand, an Olographic will, entirely written, dated, and signed in the testator's handwriting, does not need to be notarized.


It's important to note that if you have forced heirs (as per Louisiana law), they are entitled to a certain portion of your estate (the "forced portion"), which you cannot entirely disinherit in your will unless under specific circumstances recognized by law. However, you can still decide who inherits the "disposable portion" of your estate, that is, the part of your estate not reserved for forced heirs.


Trusts: An Essential Estate Planning Tool


While wills are instrumental in estate planning, trusts offer another level of flexibility and security. A trust is a legal arrangement where one person (the trustee) holds property for the benefit of another (the beneficiary). The individual who creates the trust is known as the settlor.


Trusts can be revocable (changeable) or irrevocable (unchangeable), and each type has its advantages. Revocable trusts allow for flexibility, letting the settlor maintain control over the trust assets during their lifetime and change the terms of the trust at any time. Irrevocable trusts, on the other hand, offer tax benefits and asset protection from creditors, but the settlor gives up control over the assets once they're in the trust.


Trusts are especially beneficial in estate planning because they can avoid probate, the legal process of administering a deceased person's estate. Probate can be lengthy, costly, and public, so many people prefer to use trusts to keep their estate matters private and to expedite the process of transferring assets to their beneficiaries.


The Role of Estate Planning in Louisiana


In Louisiana, having a solid estate plan, including a will and possibly a trust, is vital due to its unique inheritance laws. Without proper planning, your loved ones could face unnecessary legal complications, financial burdens, and emotional stress. A clear estate plan ensures that your assets are distributed per your wishes and provides for your loved ones' financial security.


Moreover, estate planning isn't only for the wealthy. Anyone with assets—whether that be a home, car, savings accounts, retirement funds, or personal possessions—should consider having a will or trust in place.


Closing Thoughts


Estate planning, including understanding and creating wills and trusts, is not a process to be overlooked or postponed. These legal instruments serve as a safety net for your loved ones and ensure your final wishes are honored. This is especially true in Louisiana, where specific legal stipulations like forced heirship make the process more complex. By working with a knowledgeable estate planning attorney, you can navigate Louisiana's unique legal landscape and create a robust plan that caters to your personal needs and those of your beneficiaries.


Remember, estate planning isn't a one-and-done deal. It's a dynamic process that should evolve as your life changes. Marriages, divorces, births, deaths, and changes in financial circumstances all warrant an update to your estate plan. By staying proactive, you can ensure that your legacy is preserved, and your loved ones are well-protected, no matter what the future holds.


In essence, comprehensive estate planning, including wills and trusts, is a crucial part of ensuring your wishes are met, your assets are protected, and your loved ones are cared for after your passing. This importance is amplified in the context of Louisiana, with its distinct legal intricacies, underscoring the need for timely and adequate estate planning.


*This article is not legal advice and should not be taken as such. I recommend that you speak with a licensed attorney before making any estate planning decisions. I am not an attorney.

Comentarios


bottom of page