Baton Rouge Wills Lawyer

A will can be one of the most important documents a person creates. It ensures that all the assets you earn during your life will be distributed according to your preferences. This means it is especially crucial for your will to be completed correctly, and perhaps more importantly, to assure that your will is executed in strict accordance with the required legal formalities essential to a valid and enforceable will.

Don’t rely upon internet websites offering do it yourself will forms as there is no substitute for competent legal assistance from a Louisiana licensed attorney to assure your Louisiana will is valid. Incorrect elements of a will, vague or ambiguous instructions and bequests, and lack of experience in tax matters can lead to financial penalties, successful contests to the will in court, including court rulings deeming the entire document legally invalid. For assistance in planning your legacy, contact a Baton Rouge wills lawyer.

Comprehensive Estate Plan Services

The Baringer Law Firm, L.L.C., offers all-inclusive estate planning. We can consider the entire breadth of your assets and develop a personalized strategy to help maximize the benefits of your plan. Our experience in tax law can also prevent financial consequences in the future. If you are administering a will on behalf of a loved one, we can also offer legal assistance during the probate process to make sure their assets are distributed according to their wishes.

Creating a Will in Louisiana

Many people think that only wealthy people need a will, but this is not true. Those who own property often benefit from a will in order to distribute these assets to others after their death. A will can also outline decisions that must take place if you pass away unexpectedly, like who will take care of your children, who will administer your estate, and how to pass down property that will be owned by multiple people.

In Louisiana, a will must meet certain requirements in order for it to be legally binding. In many cases, simply filling out a premade form designating where your assets will go is not enough to enforce this upon your death. Most wills need to be notarized in front of witnesses in order to be legally valid.

The Elements of a Will

Most wills contain the following elements:

• Introduction: This section identifies the person by whom the will is created. It also proves that the individual is of sound mind and can make their own decisions so that the will is considered valid.
• Funeral: A will normally contains instructions on how the individual will be buried or if they would like to be cremated. Any other details about the funeral the person wants to include can also be listed here.
• Debts: If the testator has any current debts, they must be identified and paid before any assets are paid out to beneficiaries. This is identified in the will and taken care of during the probate process.
• Assets: After any debts are listed, a testator’s assets are identified and assigned to either individual people or organizations. Common assets include things like homes, other personal property of high value, money, retirement accounts, and other financial benefits.
• Executors: There is a specific section of the will in which to name an executor. This is the person who is responsible for executing the individual’s estate plan after their death.

In Louisiana, one can choose whether they wish for their executor to have power to act independently of court supervision and approval to pay debts and liquidate assets. If this is desired, it must be expressly stated in the will; otherwise, the executor will be required to seek court approval before paying debts and selling assets of the succession.

Making a decision on this issue is one that should be made with the counsel of an experienced estate planning attorney, who can share experiences that enlighten the client’s ability to assess any risk inherent in doing away with the requirement of court approval versus the cost savings in the succession process of doing away with multiple court filings and procedures.

Why Do I Need an Attorney?

There are unique laws around wills and their execution. By working with an experienced lawyer, you can lessen the chances of your will being challenged after your death. Working with an attorney can also help you save money in the long run by lessening the time the probate process takes and reducing the tax liability of your assets. Creating a thorough plan allows attorneys to look at your entire estate to see if you qualify for benefits or tax breaks.

FAQs

What Makes a Will Invalid in Louisiana?

Several things could make a will invalid in Louisiana if someone chooses to contest it. One of the most common ways a will could be deemed invalid is if the creator of the will was found to be influenced by another party. There are also many additional steps and procedures required for wills created in Louisiana. If these are not completed correctly, the will could be invalid. To make sure your Louisiana will is completed accurately and on time, contact an estate planning attorney.

Is a Trust Better Than a Will in Louisiana?

A trust may be better than a will in certain cases. Trusts and wills are each good options for different types of estates. While both can outline how certain assets will be distributed after the testator’s death, they each have different rules.

Living trusts can allow some assets to skip probate and directly transfer ownership upon the testator’s death, but they may not be worthwhile for every estate. There are also other decisions, such as naming guardians for your minor children, that require a will to legally enforce.

What Type of Lawyer Is Helpful for a Will?

Generally, estate planning lawyers are helpful in creating wills. They can help individuals plan how their assets will be distributed after death and also create plans for potential incapacitation. Attorneys with experience in tax law can be especially helpful because they can create estate plans with minimal tax implications. To learn more about how a lawyer can help with a will or a trust, contact a Baton Rouge estate planning and tax attorney.

What Happens If Someone Does Not Have a Will When They Die?

If someone does not have a will when they die, their assets still have to go through probate in order to be transferred to their family members. Because they didn’t name heirs in a will, their assets will be distributed according to the state’s intestate succession laws, regardless of the wishes of the decedent or their family. Creating an estate plan is important to make sure you have control over where your assets go upon your death.

Widely Respected Estate Planning Lawyers

Instead of expecting your will to be drafted correctly, ensure it is completed right the first time by working with an estate planning attorney. Our team can help make the process easier by learning about your estate planning goals and completing the necessary steps to achieve them on your behalf. For more information on how an estate planning lawyer can help you create your will, schedule a consultation with The Baringer Law Firm, L.L.C.