Preparing a Will in Baton Rouge, LA

Need to Protect Your Loved Ones with a Will? Call (225) 228-4445

A will or testament is a legal declaration that transfers ownership of an individual's property to one or more persons when he or she dies. Often people delay writing a will or testament because it is a morbid subject and not pleasant to think about. Everyone should have a will, though, as it gives you a say in where your assets will go and who will be guardians to your children should you pass away.

Why Create a Will?

You are not obligated to create a Will in Louisiana. The laws of Louisiana decide which of your family members will receive your property if you do not specify in a Will how you would like your property divided. You are not obligated to brush your teeth every morning either. However, I doubt you want your dentist to make the choice of which teeth you keep and which you lose.

When you work with our will lawyer in Baton Rouge, you can make thoughtful choices about who should receive particular assets and who should be in charge of carrying out your wishes. Many people assume that everything will automatically go to a spouse or child, but Louisiana's forced heirship rules, community property rules, and separate property rules can lead to results that do not match what you intended. Creating a clear will lets you provide for a surviving spouse, give specific items to certain people, and address sensitive family situations in a way that is respectful and legally sound.

How to Prepare for Creating a Will

A good place to start would be making an inventory of your assets. Your assets include your investments, retirement plans, savings, insurance policies, real estate, and businesses. When putting together a will or estate plan, you should be mindful of state and federal laws governing this area, as they can differ from state to state and change frequently. It is wise to discuss your will with your heirs, even though inheritance can be a touchy subject. Disclosing what your intentions are with regards to your assets upfront can help avoid conflicts after you are gone. It is definitely important to decide who will handle your financial affairs should you become incapacitated.

You can benefit from gathering important documents such as deeds, life insurance policies, retirement account statements, and prior estate planning documents. It can also be helpful to think through practical questions like who you trust to handle money responsibly, whether any of your heirs have special needs, and how you would want a family business or rental property to be managed. By doing this homework in advance, you can make your meeting more efficient and ensure that the plan we create together takes into account the realities of your life in Baton Rouge and the surrounding parishes.

What Does an Executor of a Will Do?

An executor will either be appointed by the court or named in the will itself. They are usually a family member or could be a legal professional trusted by the creator of the will. It will be the executor's responsibility to distribute the deceased's assets according to their will as well as manage the property and assets until they are able to be distributed. In many cases, there will be taxes owed on the estate or bills that will come up, so it is also the executor's responsibility to make sure that these are paid. If the estate is in probate, they will be responsible for appearing at any court dates.

In Louisiana, the executor may need to work with the clerk of court and appear in proceedings at the appropriate district court in East Baton Rouge Parish if the estate goes through probate. When I help you draft your will, I can talk with you about whether to name a family member, a friend, or a professional as executor, and how to provide them with enough authority in your will to handle the necessary tasks without creating unnecessary conflict.

What Happens If I Do not Create a Will?

Louisiana is a Community Property State. As a result, any property a couple acquires during their marriage becomes the property of both. This differs from other states that are Separate Property. In Separate Property States what a person earns or purchases during their marriage belongs to them. However, Separate Property may exist between a married couple in the form of: property a spouse owns (not finances) before marriage, property given directly to a spouse, or an inheritance. This separation of property matters because without a will, children of the marriage will inherit all separate property. With the help of a Baton Rouge Estate Planning Attorney you can decide who receives all of your property and in what portions.

Louisiana courts may decide who becomes your child's legal guardian. It is likely a Judge will choose someone who is part of your child's family. But that doesn't mean the court's choice would be yours. As loving parents, we know who would best raise and nurture our child until adulthood. The best guardian may not be a family member, or at least the one the Court picks. Establishing the most suitable guardian for your children is as simple as creating a Will and naming your selected guardian.

How can the Law Office of Wendra J. Moran help you with a will in Baton Rouge? Find out when you contact me online or by dialing (225) 228-4445.