New Orleans Wills Lawyer

WILLS

If you die without a will, you are considered to have died “intestate.” When this happens, state laws dictate how your property will be distributed.

In Louisiana, if you die intestate:

1. If you are married with children: Your surviving spouse will receive a usufruct (a type of legal right in Louisiana) over your community property, which lasts until the spouse dies or remarries, whichever happens first. Your children will inherit the naked ownership (the right to possess the property once the usufruct terminates) of your community property.

2. If you are married without children: Your surviving spouse will inherit all of your community property.

3. If you are single with children: Your children will inherit your property.

4. If you are single without children but have surviving parents: Your parents will inherit your property.

5. If you have no surviving spouse, children, or parents: Your property will go to your siblings, then to your nieces and nephews, then to your grandparents, and so on.

Without a will, you have no control over who inherits your property. Moreover, if you have minor children and both parents die without a will, a court will decide who will care for your children.

Therefore, a person may needs a will in Louisiana for several reasons:

1. Distribution of Assets: A will allows you to specify who will receive your assets upon your death. Without a will, the state of Louisiana will distribute your assets according to the intestate succession laws, which may not align with your wishes.

2. Designation of Executor: A will allows you to nominate an executor who will be responsible for managing your estate, paying your debts and distributing your assets according to your wishes as well as designation that succession processed under Independent Administration.

3. Guardianship of Minor Children: If you have minor children, a will allows you to nominate a guardian who will care for them in the event of your death.

4. Avoiding Family Disputes: A clear and well-drafted will can help prevent disputes among family members over the distribution of your assets.

5. Reducing Estate Taxes: Depending on the size of your estate, a will can be structured in a way to minimize estate taxes.

6. Charitable Contributions: If you wish to make a contribution to a charity or other non-profit organization, you can specify this in your will.

Remember, while a will is a crucial part of estate planning, it’s not the only tool available. Other tools such as trusts, life insurance, and joint property ownership can also play a part in your estate plan. It’s important to consult with a qualified estate planning attorney to create a plan that best suits your needs.

The attorneys at Sunseri Law Firm, LLC strives to “Make The Complex Understandable”. If you have any questions, contact The Sunseri Law Firm, LLC today to schedule a consultation regarding preparing a Last Testament and Will.