Estate Planning is for Everyone
People often think of estate planning as something reserved for the very wealthy, but that’s not true. Whether it is realized or not everyone has an estate plan. Upon your death the the State of Louisiana has already decided who receives your property if you don’t create your own plan. The question isn’t whether you need an estate plan. Rather, the question is whether Louisiana’s default plan matches what you actually want for your family. As your Louisiana Estate Planning Attorney we understand the importance of creating the plan that you want, instead of the plan the state sets for you.
At Legacy Estate & Elder Law, we help Louisiana families create estate plans that protect their loved ones, preserve family relationships, and reflect their actual wishes. With offices in Baton Rouge, New Orleans, and Lake Charles, we serve families throughout Louisiana with nearly 40 years of combined experience and board certification in Estate Planning and Administration.
Why Estate Planning in Louisiana is Different
Louisiana’s legal system is unlike any other state in America. While 49 states base their laws on English common law, Louisiana’s legal system derives from French and Spanish civil law. This creates unique rules that affect estate planning.
Forced Heirship requires you to leave a portion of your estate to certain children—you cannot simply disinherit them as you might in other states. Community Property means that property acquired during marriage generally belongs equally to both spouses, regardless of who earned it. Usufruct gives a surviving spouse the right to use property that technically belongs to the children.
These concepts don’t exist in other states, which is why estate plans prepared for Louisiana families must be created by attorneys who understand Louisiana law specifically.
Core Estate Planning Documents
Wills and Last Testaments
A will is the foundation of most estate plans. In your will, you designate who receives your property at death, name a guardian for minor children, and appoint an executor to handle your succession. Louisiana recognizes several types of wills, but not all forms valid in other states are valid here.
Revocable Living Trusts
While a will requires your estate to go through Louisiana’s succession process, a properly funded revocable living trust can transfer property to your beneficiaries without court involvement. You maintain complete control during your lifetime and can change or revoke the trust at any time. Upon your death, the successor trustee distributes assets according to your instructions—typically faster and more privately than a succession.
Powers of Attorney
A durable power of attorney allows someone you trust to manage your financial affairs if you become unable to do so. Without this document, your family may have to pursue an interdiction—a costly and time-consuming court process—just to pay your bills or manage your accounts.
Healthcare Directives and Living Wills
A healthcare power of attorney designates someone to make medical decisions on your behalf if you cannot. A living will expresses your wishes about end-of-life care. A HIPAA authorization allows designated family members to access your medical information. These documents ensure your healthcare wishes are known and that someone you trust can advocate for you.
Beyond Basic Estate Planning
While most adults need basic estate planning documents, some situations require more sophisticated planning.
Tax Planning helps larger estates that may face federal estate taxes. Business Succession Planning helps business owners plan for ownership transitions. LGBTQ Planning addresses unique concerns for same-sex couples and LGBTQ individuals.
The Cost of Not Planning
Failing to create an estate plan—or creating one that doesn’t account for Louisiana’s unique laws—can have serious consequences for your family. Without proper planning, your property may pass to people you wouldn’t have chosen, your family may face expensive and time-consuming court proceedings, minor children may not be cared for by the people you would have selected, your family may pay more in taxes than necessary, and family relationships may be strained by disputes over your estate.
Why Choose Legacy Estate & Elder Law
The attorneys at Legacy Estate & Elder Law are board certified in Estate Planning and Administration by the Louisiana Board of Legal Specialization. We are members of ElderCounsel, the Academy of Special Needs Planners, and the American College of Trust & Estate Counsel.
But credentials alone don’t make a good estate planning attorney. What sets us apart is our commitment to understanding your family’s unique situation and creating a plan that truly reflects your wishes. We take the time to explain Louisiana’s complex laws in plain language, so you understand not just what your documents say, but why they’re structured the way they are.
Contact Louisiana Estate Planning Attorneys Today
Estate planning is one of the most important things you can do for your family. At Legacy Estate & Elder Law, we help you create a plan that protects your loved ones, reflects your wishes, and works within Louisiana’s unique legal system.
Contact us today to schedule a consultation at our Baton Rouge, New Orleans, or Lake Charles office.