Do I need a Louisiana will??

Marie Hillman • July 8, 2015

I get asked this a lot – in my office, at parties, funerals, walking the dog. It is something people are generally concerned about because they […] The post Do I need a Louisiana will?? appeared first on Hillman Law Firm.

I get asked this a lot – in my office, at parties, funerals, walking the dog. It is something people are generally concerned about because they want to do what is best and right for their loved ones. I get it. Not everyone needs a will but there are people who really should consider it and make sure it is done properly.

You should definitely consider having a will in Louisiana if:

  • there was a prior marriage of either spouse with children from that prior marriage

  • the total estate in excess of the requirement to file a Federal Estate Tax Return which then necessitates an estate plan

  • you would like to leave property or assets to people or an organization other than your descendants

  • you would like to leave specific items or property to specific individuals

  • there is an operating business or family held business

  • you would like to name a guardian or tutor or curator for minor children 

Louisiana allows for two types of wills – the n otarial testament and the olographic testament, and it is vital that the testament meet ALL of the specific requirements to be considered valid. Even if it is clear that a person intended someone to receive specific property at their death, their testament will not be valid if it is not in proper Louisiana Last Will and Testament form. For this reason it is very risky to use generic wills that are found on the internet or at a bookstore.

Please call us to set up a consultation if you would like to find out more. We are here to help.

Disclaimer: The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

The post Do I need a Louisiana will?? appeared first on Hillman Law Firm.

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When a person dies in Louisiana and leaves behind assets that need to be transferred into someone else’s possession a Succession is generally opened. This process is called Probate in other states There are different types of Successions in Louisiana which include: Intestate Succession There is no will and assets are distributed according to the laws of Louisiana which gives preference to children and surviving spouses. Testamentary Succession A will has been left and the named hairs are put into possession Affidavit for Small Succession A legal affidavit that distributes assets when the total value of the Succession is under $125,000 and there is little-to-no debt. It is important to note that not all assets go through the Succession. Life insurances pay-outs and investment retirement accounts with a named beneficiary are not considered assets of the Succession. If a family member of yours has passed away and you need assistance with transferring the assets through a Succession, please call me. I am here to answer your questions and guide you through the legal process.
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