Louisiana Last Will & Testament Information
Louisiana wills allow the testator an opportunity to ensure their spouse, children, and other loved ones, are taken care of upon death. The Louisiana law enables you to leave property or gifts to charitable organizations.
A Louisiana Last Will & Testament includes the following requirements:
- The testator has no age minimum.
- They must also be of ‘sound mind’.
- The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).The testator must declare to the witnesses that the document is their Louisiana Will and their signature is required on each page.
- The signing of the Will requires at least two witnesses in order to make it valid. A notary must be present.
- Another requirement to make the Will valid is that it must be in written format.
- A Louisiana resident law does not limit the class of beneficiaries who may be included in a will.
In Louisiana, in the absence of a will, the share of the surviving spouse will depend on whether the decedent had surviving descendants/parents/close relatives.
If there is a surviving spouse and children, the spouse has a right to use the decedent’s community property for life and the children inherit the decedent’s share upon the death of the spouse. If there is a surviving spouse and parents (but no children), the spouse inherits the community property, while the parents inherit the separate property; the same holds true if there is a surviving spouse and siblings, only the siblings inherit instead of parents. If there are only surviving parents and siblings, the parents have the right to use the decedent’s intestate property for life, and then the siblings inherit everything.
As you can see it is very important to produce a Louisiana will if you would like to have control over the distribution of your assets.
Click here if you have any questions about creating a last will in Louisiana.
Our study into Louisiana relationships was featured on WWL Radio. Below is the article text, and you can follow a link to the story below:
Study: Louisiana divorces are often friendly farewells
A recent survey by USAWillGuru.com finds 2 in 3 Louisiana divorces end amicably. That’s well above the national average of 45 percent.
Local divorce attorney Stephen Rue agrees with the survey results, with a caveat.
“I’m sure that’s quite true. However, the one-third that remain fills the courts throughout the state with very upset people fighting for everything that they possibly can fight for, from pets to patio furniture. The courts are overflowing because of that one-third of the population getting divorced that can’t do it amicably.”
But, why do so many more Louisianans end their marriages on friendly terms than in other areas?
“Because we have a good quality of life that distracts us away from our spouse, including the Saints and LSU,” says Rue, somewhat tongue-in-cheek.
Not only do more Louisianans end their marriages amicably, 12 percent actually included ex-spouses in their wills.
“A lot of times people do want the person that they love, or loved in the past, to participate in those assets after they’ve passed.”
Rue, says that is obviously not always the case.
“What’s more common is that attorneys fail to inform their clients that they need to change their wills after they get their divorced, and a lot of people just forget. Then, all of a sudden, their ex-spouse ends up with assets because they forgot to change their will.”
Additionally, he says, 1 in 5 folks who divorce don’t know if their spouse has included them in their will.