ESTATE PLANNING
Make your estate plan and make it count.
Make sure your loved ones are cared for with a legally secure will, power of attorney, living will, and succession plan under Louisiana law. At Ory Law Group, we simplify the process, ensuring your wishes are honored and your family is protected. Our experienced attorneys provide clear guidance so you can plan with confidence. Start today—contact us to secure your legacy.
Wills in Louisiana
What you need to know
At Ory Law Group, we understand that creating a legally sound will is essential to ensuring your wishes are respected long after you are gone. Louisiana’s legal system has specific requirements for wills, and our experienced estate planning attorneys are here to help you navigate these unique rules with confidence.
Frequently Asked Questions
A will is a legal document that states how your assets should be distributed after your death. In Louisiana, having a valid will ensures that your estate is handled according to your wishes, rather than defaulting to intestate succession laws. Without a will, state law determines who inherits your property, which may not align with your intentions.
Louisiana recognizes two types of wills:
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Notarial will – Typed, signed in front of a notary and two witnesses.
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Olographic will – Handwritten, dated, and signed entirely in your own handwriting.
For a will to be valid, it must meet strict Louisiana estate laws, so working with an experienced attorney can help prevent legal issues.
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If you die without a will (intestate), Louisiana law decides how your estate is distributed. Typically, assets pass to your closest relatives, such as children, spouse, parents, or siblings. However, forced heirship laws may apply, requiring a portion of your estate to go to certain heirs, such as minor children or children with disabilities.
Forced heirship is unique to Louisiana law. If you have children under 24 or children with disabilities, they are entitled to a portion of your estate. This means you cannot fully exclude them from inheriting, even if you have a will. An estate planning attorney can help structure your will to comply with forced heirship laws.
Yes, you can modify or revoke your will at any time, as long as you are mentally competent. Updates should be done through a codicil (official amendment) or by drafting a new will to replace the old one. Keeping your will updated ensures it reflects major life changes, such as marriage, divorce, or new children.
Your executor (also called a personal representative) is responsible for carrying out the terms of your will. Choose someone trustworthy and organized, as they will handle legal and financial matters, including debt payments and asset distribution.
Yes, your will allows you to name a guardian to care for your minor children if you pass away. Without this designation, the court may decide who will take custody, which could lead to disputes.
While DIY wills exist, Louisiana has strict will requirements, and errors can make your will invalid. An experienced estate planning attorney ensures your will is legally sound, clear, and enforceable, reducing the risk of disputes.
Before meeting with an attorney, use the following checklist to prepare:
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Determine Your Assets and Beneficiaries:
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List properties, bank accounts, retirement funds, life insurance, and other assets.
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Specify beneficiaries and the percentage of your estate each should receive.
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Choose an Executor:
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Select a trusted person to carry out your wishes, and consider an alternate.
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Designate Guardians for Minor Children:
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Name a primary guardian and an alternate to ensure your children are cared for.
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Specific Bequests:
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Detail any specific items or heirlooms you wish to leave to individuals.
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Consider Funeral Arrangements:
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Document your preferences for funeral or burial arrangements.
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Understand Forced Heirship Laws:
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Be aware that Louisiana law may require certain heirs (typically children or descendants) to receive a portion of your estate.
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Witness and Notary Requirements:
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For notarial wills, ensure your witnesses are not beneficiaries. For olographic wills, the entire document must be handwritten.
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Review Periodically:
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Life changes such as marriage, divorce, or the birth of a child may require updates to your will.
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Before meeting with an attorney, use the following checklist to prepare:
-
Determine Your Assets and Beneficiaries:
-
List properties, bank accounts, retirement funds, life insurance, and other assets.
-
Specify beneficiaries and the percentage of your estate each should receive.
-
-
Choose an Executor:
-
Select a trusted person to carry out your wishes, and consider an alternate.
-
-
Designate Guardians for Minor Children:
-
Name a primary guardian and an alternate to ensure your children are cared for.
-
-
Specific Bequests:
-
Detail any specific items or heirlooms you wish to leave to individuals.
-
-
Consider Funeral Arrangements:
-
Document your preferences for funeral or burial arrangements.
-
-
Understand Forced Heirship Laws:
-
Be aware that Louisiana law may require certain heirs (typically children or descendants) to receive a portion of your estate.
-
-
Witness and Notary Requirements:
-
For notarial wills, ensure your witnesses are not beneficiaries. For olographic wills, the entire document must be handwritten.
-
-
Review Periodically:
-
Life changes such as marriage, divorce, or the birth of a child may require updates to your will.
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At Ory Law Group, we draft and review wills that meet Louisiana succession laws, ensuring your assets go where you intend. Whether you need a new will, an update, or legal guidance, our estate planning attorneys make the process simple and stress-free.
Power of Attorney
A valid power of attorney is key to ensuring your wishes are followed when you cannot act for yourself. Louisiana law has clear rules for these documents, and our experienced attorneys help you meet them. We explain the differences between general, durable, and limited powers of attorney so you can choose the best option. Our team also assists in selecting a trusted agent to manage your financial and legal matters when needed. Contact us today to set up your power of attorney correctly.
Frequently Asked Questions
A power of attorney (POA) is a legal document that allows you to appoint someone (your “agent” or “attorney-in-fact”) to handle financial, legal, or medical decisions on your behalf. This ensures your affairs are managed if you become unable to act for yourself.
Louisiana recognizes several types of POA, including:
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General Power of Attorney – Grants broad authority to handle financial and legal matters.
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Durable Power of Attorney – Remains in effect even if you become incapacitated.
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Medical Power of Attorney – Allows your agent to make healthcare decisions on your behalf.
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Limited Power of Attorney – Grants authority for specific tasks or a set time period.
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A POA ensures someone you trust can manage your affairs if you are unable to do so due to illness, disability, or absence. Without a POA, your family may have to go through a costly and time-consuming court process to gain legal authority over your finances or healthcare.
Your agent should be a trusted person who is responsible and capable of managing financial or medical decisions. Many people choose a spouse, adult child, or close friend to act on their behalf.
A POA is valid until:
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You revoke it.
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You pass away.
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A court declares it invalid.
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If it’s a limited POA, it expires at the specified date or when the task is completed.
A durable POA remains in effect even if you become incapacitated, while a non-durable POA automatically ends if you lose mental capacity.
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Yes. A power of attorney allows someone to make decisions on your behalf, while a living will outlines your specific medical wishes. Having both ensures your healthcare and financial matters are properly managed.
A POA must be signed in front of a notary and two witnesses to be legally enforceable. Louisiana law has specific wording requirements, so working with an attorney ensures it is drafted correctly.
Yes, you can revoke your POA at any time, as long as you are mentally competent. To revoke it, you must sign a written revocation and notify your agent and any institutions that may have a copy.
Our attorneys ensure your power of attorney is legally sound and tailored to your needs. Whether you need a financial, medical, or durable POA, we guide you through the process and ensure your interests are protected.
Living Will
Our attorneys can help you create a legally valid living will to ensure your medical wishes are followed if you become unable to communicate. Louisiana law has specific requirements for these documents, and our attorneys guide you through the process. A properly drafted living will gives clear instructions on life-sustaining treatments and end-of-life care. We work with you to outline your preferences and make sure your wishes are legally protected. Contact us to secure your future healthcare decisions with confidence.
Frequently Asked Questions
A living will is a legal document that outlines your medical treatment preferences if you become unable to communicate due to illness or injury. It specifically addresses life-sustaining treatments and end-of-life care decisions.
Louisiana law allows you to document your healthcare wishes in advance, ensuring that your choices—not someone else’s—guide your medical care if you are incapacitated. A living will provides clarity for your family and healthcare providers.
You can specify whether you want life-sustaining treatments such as ventilators, feeding tubes, or resuscitation. Your document can also address pain management and comfort care.
In Louisiana, a living will must be signed by you and two witnesses who are not your heirs or involved in your medical care. Our attorneys ensure your document meets all legal requirements.
Yes, you can revise or cancel your living will at any time, as long as you are mentally competent. It’s a good idea to review it periodically and update it if your wishes change.
You should provide copies to your doctor, hospital, and trusted family members. It’s also helpful to keep a copy with your other important legal documents.
A living will outlines your medical treatment preferences, while a medical power of attorney names someone to make healthcare decisions on your behalf. Many people have both to ensure all decisions are covered.
Our attorneys guide you through the process of creating a legally valid living will that clearly reflects your wishes. We ensure all requirements are met so you can have peace of mind about your future healthcare decisions.
Succession
Handling a loved one’s estate after their passing can be overwhelming, but Louisiana’s succession process ensures assets are properly transferred. Whether you need to settle an estate with or without a will, our attorneys guide you through the legal steps, helping to minimize delays and disputes. Louisiana law has unique succession rules, including forced heirship, and navigating them alone can be complicated. At Ory Law Group, we simplify the process, ensuring a smooth transition of assets to heirs. Contact us today for trusted legal guidance on Louisiana successions.
Frequently Asked Questions
Succession is the legal process of transferring a deceased person’s assets to heirs or beneficiaries. It ensures property is distributed correctly, whether there is a will or not.
A succession is the legal process of settling a deceased person’s estate, transferring their assets to heirs or beneficiaries. It typically involves court filings and can be more complex if there are disputes, significant assets, or forced heirship considerations.
A small succession is a simplified process available in Louisiana for estates valued at $125,000 or less or when the deceased passed away more than 20 years ago. It avoids the full court process, reducing costs and delays. Small successions are often handled with an affidavit of small succession, which allows heirs to claim assets without formal probate.
Our attorneys can help determine if your case qualifies for a small succession and guide you through the process.
If there is no will, Louisiana’s intestate succession laws determine how assets are distributed, typically to the closest relatives, such as a spouse, children, or other family members.
The timeline varies depending on the complexity of the estate. Some successions can be completed in a few months, while others take longer if there are disputes or complications.
Louisiana law requires that a portion of an estate be left to certain heirs, such as minor children or children with disabilities. This law can impact how a will is structured.
Not always. Some assets, like life insurance policies, may transfer outside of succession. Our attorneys can help determine if a formal succession is necessary.
If the estate qualifies for small succession procedures, a full court process may not be required. Our attorneys can review your case to see if this option applies.
We guide families through the succession process, ensuring assets are properly transferred while reducing stress and legal complications. Contact us today for assistance with Louisiana succession matters.
Expert support, one question at a time.
Estate Planning
Made Simple
Our estate planning attorneys ensure your will, power of attorney, and living will comply with Louisiana law. We provide customized legal solutions to protect your assets and secure your family’s future.
Trusted Legal Support at Every Step
From drafting wills and successions to navigating forced heirship laws, our experienced attorneys provide personalized guidance. We simplify complex legal processes, ensuring you make informed decisions with confidence.
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We offer clear pricing and cost-effective estate planning solutions tailored to your needs. Whether you're drafting a will or settling a loved one’s estate, our team helps you avoid unnecessary legal costs and delays.
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Your estate planning documents are handled with bank-level security and strict legal compliance. We prioritize confidentiality and accuracy, ensuring your succession, power of attorney, and living will are legally sound and protected.
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