Powers of attorney are important parts of an estate plan, but people in Louisiana should be aware of some common misconceptions about them. One myth is that a power of attorney is a uniform document that can be used from state to state. This is not the case; some states may not even recognize a power of attorney from another state.
Those who own property or live in Louisiana may be stressing over the prospect of creating an estate plan. The good news is that the anticipation may actually be worse than creating the plan itself. Those who are concerned about how to make an estate plan should consult with an attorney for help.
Since the terms of irrevocable trusts are designed to be permanent, these arrangements can be difficult to break. However, there may be instances when such a trust is no longer beneficial for a Louisiana estate owner or their heirs.
While many people may have estate plans that do not take digital assets into account, some Louisiana residents might want to look at the issue. Digital assets can range from photographs to emails to cryptocurrency and more. They may have both sentimental and monetary value.
Some people in Louisiana might think they do not need to create a will because they have so few assets. However, a will can also be used to name a guardian for any minor children. Family members may go to court if a guardian is not named, but the relative who is granted guardianship might not be the one a parent would have chosen. This is also true if the person is responsible for the care of an adult who is mentally incapacitated.
The prevalence of opioid addiction in Louisiana and throughout America rightly concerns people who intend to bequeath an inheritance to someone troubled by serious substance abuse. A benefactor worried that money given to an heir addicted to narcotics will encourage drug buying can explore the potential of setting up an incentive trust.
Louisiana residents and others may find that a trust is an effective estate planning tool. In fact, individuals can create more than one trust to meet their needs. Unless a new trust is created specifically to nullify an existing document, both trusts can be valid at the same time. However, there may be no need to create a second trust to amend or revoke an existing one.
Before former President George H. W. Bush passed away, his wife and longtime companion Barbara preceded him in death less than eight months earlier. While some say it is touching that the husband passed away fairly soon after his wife, it serves to highlight the importance of proper estate planning for Louisiana couples.
For Louisiana residents who want to protect and pass along assets, having an estate plan is vital. However, it's also important to update these documents and arrangements over time. While there is no "standard" time to update estate plans, it's typically advised that plans be reviewed every two or three years to confirm that everything is still valid and appropriate. There are unique circumstances or life events that could also warrant an update to an existing plan.
Louisiana fans of Stan Lee might know that near the end of his life, the comic book artist had several issues with his estate and the people around him. Among them were his claim that $1.4 million was missing from his account and an accusation that his daughter was befriending men who tried to take advantage of him. He took back the latter accusation even though he had signed a notarized document making the claim.