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One of the most important steps in estate planning involves creating a Will. Without a legally valid Will, Louisiana’s succession laws will determine how your assets are divided and distributed. The state does not know your true intentions, and more than likely, its default rules will not allocate assets and property according to your wishes. By working with a Metairie Will lawyer, you can ensure that your estate plan is legally sound and meets your needs.
At WJ Blanchard Law, we help individuals and families take control of their futures through careful and thoughtful estate planning. Whether you need to create a new Will, update an existing one, or understand your estate planning options, our Metairie-based Will attorney provides the guidance you need.
Contact our office today at (504) 313-7478 to start securing your legacy.
A Will is a legally binding document that tells the Court and your beneficiaries how your assets should be distributed after your death, including any contributions to charities.
A well-drafted Will should also:
As part of your drafting your Will, you will need to name an executor to manage your estate and see that your wishes are fulfilled. It is important to designate someone trustworthy and physically able to fulfill that role, as this person will be charged with ensuring the wishes laid out in your Will are followed.
Each state has specific laws regarding Wills and estate planning. But as you would expect, Louisiana is a little different than everyone else. Louisiana’s approach requires careful planning and strict compliance with its unique requirements. Working with a Metairie Will attorney can greatly simplify the process and ensure that your Will complies with the law. An attorney can make sure the will meets legal requirements, like:
If the Will is typed rather than handwritten, the Will must be signed on each page, notarized, and signed by two witnesses. If these and other steps are not completed, the Will could be rendered invalid. An invalid Will leaves the Court with no choice but to distribute your assets based on Louisiana’s intestacy laws instead of your expressed wishes.
The State of Louisiana recognizes two different types of Wills, each with its own requirements.
A holographic Will is entirely written, dated, and signed by the testator, in the handwriting of only the testator. There is no need for witnesses. While legally valid in Louisiana, these are often the source of challenges and probate litigation as a result of errors or ambiguities.
This more formal type of Will is typed, notarized, and signed in the presence of two witnesses. This is the most common type of Will in Louisiana. It provides the most legal security and is the preferred method for ensuring a Will’s validity due to an attorney’s involvement.
If you die without a Will, the state steps in and determines your beneficiaries according to intestate succession laws. This process follows a legal order of inheritance that takes no consideration of your personal wishes. The laws require your debts to be paid, after which your spouse, children, and other close relatives inherit your assets in a pre-determined manner with very minimal flexibility.
Under this legal framework, it is not uncommon for legal disputes to arise, and different relatives, including the ones you haven’t spoken to in years, might argue to receive a larger proportion of your assets or property. Unmarried partners do not have a lawful claim to an estate under this framework, and non-blood relatives receive nothing from your estate.
Although these situations may sound alarming, a Metairie Will lawyer can help you avoid these situations by ensuring that you have a valid Will in place, allowing the Court to order your heirs to follow your wishes.
While a Will is a central part of an estate plan, it is only one part of any comprehensive plan. Depending on your needs and goals, our Metairie Will attorney may recommend other estate planning tools that could include:
In short, a Will determines how your assets are distributed after your death, bu that is just the start. Comprehensive estate planning often requires utilizing multiple estate planning tools.
As you age, your estate will grow, and your goals will change. Your estate plan should keep up with these changes so it reflects your current goals. Additionally, major life events like marriages, divorces, childbirth, or the acquisition of significant assets are all common reasons for revisiting your estate plan. A Metairie Will lawyer can help review and revise your will to ensure it remains legally valid and aligned with your goals and preferences.
Although Wills are a common part of many people’s estate plans, they are not as simple as some people may think. If you try drafting your will without the help of an attorney, you could fail to properly execute the will according to our unique Louisiana laws.
A Will should account for the possibility that a beneficiary predeceases you, and avoid vague language that may create confusion during asset distribution. A Will should also be updated periodically to reflect your changing preferences and account for future contingencies. One way to avoid these serious problems is by working with a Metairie Will lawyer who can handle the drafting of your Will and oversee the document’s execution and updating.
Selecting the right attorney for your estate planning efforts is a critical first step. Because you may end up working with the same estate planning lawyer for years or even decades, you want to make sure that you work well together and communicate effectively.
A skilled Metairie Will attorney should have experience in Louisiana succession law and estate planning strategies. Take the time to find someone who takes a personalized approach to estate planning. They should care about your goals and go the extra mile to ensure you are happy with their work and have your questions answered.
The right Metairie Will lawyer should take the time to clearly explain your options and the potential advantages and disadvantages of choosing any of those options. Whether you need a Will drafted or some help with more long-term planning that involves a Trust, working with the right lawyer can ensure that your estate planning tools help you achieve your financial goals.
Creating a Will is one of the most important legal steps you can take to protect your family and assets. Whether you are drafting a new Will, updating an existing one, or need guidance on estate planning, WJ Blanchard Law is here to help.
Call (504) 313-7478 to schedule a consultation with Wes Blanchard, a trusted Metairie Will attorney, and take the first step toward securing your future.
While you can create a Will on your own, mistakes can lead to legal challenges. A Metairie Will lawyer ensures your document meets legal requirements and is properly structured. Errors in wording or execution can cause disputes or invalidate the will.
You should review your will every three to five years or whenever major life events occur, such as marriages, divorces, childbirth, or the acquisition of large assets. Outdated wills may not reflect your current wishes or family circumstances. Regular updates help ensure assets are distributed as intended.
Yes, but having a properly drafted will can streamline the process and reduce the time and expenses associated with probate and succession process. Some assets, such as life insurance policies and other beneficiary-designated accounts, may transfer directly to beneficiaries. Proper estate planning can help minimize delays in asset distribution.
A will alone does not reduce or prevent estate taxes. However, combining a Will with Trusts and strategic planning can minimize tax liabilities. Trusts, gifting strategies, and other estate planning tools can help reduce taxable assets. Federal estate taxes only apply to estates exceeding a certain threshold, and Louisiana repealed its state-based estate tax in 2004.
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