Baton Rouge Wills Lawyer

Baton Rouge Wills Attorney

Planning for the future is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored, and at Ezell Law Firm, LLC, a Baton Rouge wills lawyer can help.

There is no reason not to have a will. Even if your assets are minimal, this affordable document allows you to appoint people to handle your affairs when you are gone and look after your children, in addition to specifying other matters.

Let our firm show you how wills can benefit you and your loved ones.

Why Having a Will Matters

A well-prepared will offers peace of mind, as you can rest easy knowing your wealth and assets will be divided according to your wishes after your death. However, if you don’t have a will, Louisiana’s intestacy laws kick in, which dictate very specific guidelines on how your estate should be distributed.

This means your property could be passed on to people based on the law as opposed to your own personal preferences. Drafting a solid will allows you to retain control over important decisions like who inherits your property, how your minor children will be cared for, and the appointment of an executor who can manage the estate for you.

Understanding Louisiana Intestacy Laws

As mentioned, when a person passes away without a will in Louisiana, their estate is divided up using intestacy laws. Generally, intestate succession prioritizes close relatives first, such as spouses and children, then parents and siblings, with more distant relatives inheriting only if no immediate family members are available.

However, intestacy laws do not account for unique family dynamics or personal relationships, which may lead to unintended consequences – including all of your wealth and assets going directly to the state (if no family members can be located).

Under Louisiana law, community property rules also affect intestate succession. If the deceased person was married, their surviving spouse may retain ownership of their share of the community property, while the deceased’s share passes to their heirs, typically the children. If no children exist, the property may be passed to other family members according to the legal hierarchy established by the state.

Additionally, intestacy laws do not provide for non-relatives, like close friends or unmarried partners, which can create hardships for those who leaned on the deceased either financially or emotionally. This makes it very important to create a will, because you need to make sure that the people you want to protect are taken care of.

The Role of Succession in Louisiana

In Louisiana, the legal process of transferring wealth and assets after death is known as succession. Succession can be classified as either testate (when a valid will exists) or intestate (when there is no will). At Ezell Law Firm, LLC, our experienced attorneys can guide families through succession and make sure they comply with all state laws in order to minimize any delays.

Choosing an Executor

Selecting a reliable executor is very important, as the executor is in charge of managing the estate, handling debts, distributing assets, and overseeing the succession process. An executor should be trustworthy, organized, and willing to take on all the responsibilities required by Louisiana law.

At Ezell Law Firm, LLC, we can help you choose an appropriate executor and ensure they understand their job role.

Protecting Minor Children

For parents, drafting a will is important to secure the future of minor children. A will allows you to designate a guardian to provide care and make important decisions on behalf of your children should you pass away. Without a will, the court may appoint a guardian without considering your personal preferences, which can then lead to arrangements that do not align with what you would have wanted.

Challenges to a Will

A will can be contested under certain circumstances, which can lead to long legal proceedings and family conflicts. Common reasons for contesting a will include allegations of undue influence, lack of mental capacity, fraud, or even improper execution. Ensuring the will is drafted with the assistance of a qualified legal professional can help minimize the risk of disputes and provide added assurance that the document reflects the deceased’s wishes.

How Ezell Law Firm, LLC Can Help

Ezell Law Firm, LLC, provides comprehensive assistance to anyone seeking to create, revise, or execute a will. Our firm is committed to offering personalized legal solutions tailored to the specific needs of each client. Whether you require guidance on drafting a will, addressing succession matters, or ensuring compliance with state laws, our team is here to help.

FAQs

Q: Can a Louisiana Will Include Specific Funeral Arrangements?

A: Yes, Louisiana allows those writing a will to include instructions for funeral arrangements in their wills, like burial preferences or the appointment of a funeral agent. While these instructions aren’t legally binding, they can provide guidance for loved ones. It’s also wise to inform family members or an attorney of these wishes to avoid potential confusion or disagreements.

Q: Is There a Minimum Age to Create a Valid Will in Louisiana?

A: In Louisiana, the minimum age to create a valid will is 18, though individuals aged 16 or 17 can create a will if they are married or emancipated. It’s important to ensure that the person making the will is mentally competent at the time of creating the document. A Baton Rouge will lawyer from Ezell Law Firm, LLC, can help.

Q: Can a Will Be Contested by Someone Outside the Family?

A: Yes, any person who believes they have a legal right in an estate can contest a will in Louisiana, even if they aren’t a family member. Common reasons for contesting include allegations of undue influence, lack of mental capacity, or improper execution of the will. In some cases, even a close friend or creditor can contest the will if they have a stake in the estate.

Q: What Should I Do If My Louisiana Will Has Contradictory Clauses?

A: If a will contains contradictory clauses, the court typically attempts to reconcile the provisions based on the deceased’s intent. However, to avoid confusion or potential disputes, it’s wise to clarify any conflicting clauses and consider updating the will. At Ezell Law Firm, LLC, our Baton Rouge will lawyers can help clear up any confusion in the document and make sure that your wishes are clearly expressed.

An Estate Planning Attorney Here To Serve You

Ezell Law Firm, LLC, values its clients and our community. We take great satisfaction in explaining, in plain terms, how the law can benefit you and your family. If you need the assistance of an established law firm with an impeccable reputation, we encourage you to contact us in Baton Rouge or surrounding areas. We are happy to offer a phone consultation. Please call 225-763-2272 or 888-511-8717 toll-free to reach our Baton Rouge office.